what are options for spouse with a separate property w/o a will or trust?

[melishu]

If a husband shares a joint-survivorship property with a brother, are there any protections for the spouse if the husband deceased? The property was purchased before the marriage. Now there are two kids involve in the picture. The husband refuses on making a trust or will? Please advise.

Very concern mom and wife (Rosemead, CA)

 

[ALawyer]

If it is jointly held property with a right of survivorship, it all goes to the last to die. The kids of the first get NOTHING.

A party can dissolve a joint tenancy, and create a tenancy in common, in which case his half would be part of his estate (separate property) and be shared by his heirs at law without a Will, his kids and spouse. Or he could also do a Will with some going to his brother and some to the kids.