In the fact pattern above where Marion wants to leave everything to her husband and then if he dies her children and grandchild, it mentions though that they are both retired; none bring in income, only Marion is wealthy so all property is the separate property of each spouse. I believe this is her property therefore she can choose who she leaves it with correct because she doesn't have to leave it to Sam according to question 4 of the "questions and answers about the California Statutory Will" so since she is not on the deed, can this be on this will; and if it can be, it still may have to go through probate correct?