TMZ has learned Brittany Murphy had a will when she died -- a will she executed before she met husband Simon Monjack.
Sources say the will left her estate to her mother, Sharon Murphy.
The house Brittany owned and died in was held in trust -- a trust created several years before she met Monjack. He is not listed on the title.
We do not know if Murphy amended her will after she was married. So far we have no evidence Murphy drafted a codicil (amendment) to the will.
http://www.tmz.com/2009/12/21/brittany-murphy-will-simon-monjack-home-house-death-sharon-murphy/
This is the statute that was posted earlier regarding California probate for cases where the estate is willed to a party other than the spouse but the will was written before the marriage occured, which appears to be the case here. Unless he is charged and convicted, or is specifically excluded in documtentation after the marriage he is entitled to a portion of the estate.
21610. Except as provided in Section 21611, if a decedent fails to
provide in a testamentary instrument for the decedent's surviving
spouse who married the decedent after the execution of all of the
decedent's testamentary instruments, the omitted spouse shall receive
a share in the decedent's estate, consisting of the following
property in said estate:
(a) The one-half of the community property that belongs to the
decedent under Section 100.
(b) The one-half of the quasi-community property that belongs to
the decedent under Section 101.
(c) A share of the separate property of the decedent equal in
value to that which the spouse would have received if the decedent
had died without having executed a testamentary instrument, but in no
event is the share to be more than one-half the value of the
separate property in the estate.