In most states and when the family structure is relatively straight-forward, the handling of family property after the death of just one spouse is fairly consistent.
Upon the death of a spouse, the surviving spouse will receive 100% off the decedent\’s share of community property when all surviving children and descendants of deceased are also children or descendants of the surviving spouse.
Further, if the spouses held the real property as joint tenants with the right of survivorship during their lifetime, the entire property would transfer to the surviving spouse upon the death of either one.
Under either of these scenarios, the surviving spouse could then transfer the property to none, one, any or all of the children.
The surviving spouse is not obligated to transfer the property equally to all of the children.
To easily create a Will to outline the desired distribution of assets after death, see Standard Legal’s Last Will and Testament legal forms software page.
To create a Deed to easily transfer property from one person to another, see Standard Legal’s Quitclaim Deeds legal forms software.