[ossiblue]

We need some clarification/details about the situation. Is this a Revocable Living Trust? Is it a trust for only the deceased spouse? Is it a joint trust for the married couple?

California law establishes community property rights to a spouse if the asset is acquired during marriage. Even if the house does not have both names on the title, it is community property and the surviving spouse has claim to half of its value, not necessarily half of the ownership. It's possible the house was only in the name of one spouse, but that does not negate community property rights if it was purchased during the marriage. The single owner can pass the title of the house on to whomever he pleases, but the spouse is entitled to be compensated for half of its value.

Living trusts are essentially management agreements for one's assets. How those assets are managed and distributed upon death are part of the trust document. Still, the trust only deals with the assets of the party(s) who created it. If the house was in the name of only one spouse and that spouse died without a trust, the surviving spouse would still have claim to half its value as community property. Placing the house in a trust would not change that.

Yes, contacting a lawyer familiar with California community property law and trust agreements would be highly recommended.