Without a will or trust, your husband's son would be entitled to 1/2 of all property that your husband owned prior to your marriage. If he does not want his son to get anything, he needs to do an estate plan that is clear about his wishes and why. Even if you have a will or trust, there is no guarantee the son will not contest it, so the more specific the document is, the better.
Ms. James is a CA attorney and she knows what she is talking about. Get the estate plan done quickly.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
You are right to be concerned. Under California law you would be entitled to all community property, but would have to share any separate property. Community Property are assets earned by the sweat of the brow during your marriage and other assets which have been converted to community property by either overt action or commingling it (mixing it in with) community property.. Separate property includes all premarital property and all property acquired during the marriage by gift or inheritance.
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