Q: My husband has two children from another marriage. I have one child from a previous relationship, and we have a child together. I bought two rental properties (the title and mortgage are in my name only) after we were married. My husband and I manage them and use the rental income for our bills and improvements to our residence. I collect the rent and pay the mortgages out of a checking account that is in my name only. If my husband dies first, will his daughters have any claim on the property? Is it a probate item? Is there any way to protect the property, such as placing it in a trust?

A: If you want this to be considered you separate property, the best thing to do would be to hire an attorney to prepare an agreement for you AND your husband to sign (assuming he will agree to sign). As the other attorney mentioned, the law presumes property purchased during marriage is community property (owned jointly), regardless of whose name it is in. You can convey your interest in the property through a Will, Trust or deed. If you don’t, the law will decide how the property passes after death. If it is community property, his kids may have a at least a partial interest (also depends on whether he has a Will). I suggest talking to an estate planning attorney about a separate property agreement, Will or Trust, and/or a Transfer-on-Death Deed. There are a lot of factors to consider, so I wouldn’t recommend trying to do this without an attorney’s assistance.