QUESTION
If I inherit from my mother, does that inheritance become joint property?
Asked on Feb 17th, 2013 on Estate Planning - California
More details to this question:
I am married but don't have a prenuptial agreement. And in case I divorce, can my husband get any of that money? Thank you.
9 ANSWERS
Edwin K. Niles
As a general rule, inherited property is separate property, on which your spouse would have no claim. However, if it is commingled with community property, it might lose it's separate character, so be careful. Keep it separate.
Answered on Feb 21st, 2013 at 2:01 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Inheritances are separate property. But if you commingle it with community property, you may be risking it. So, don't deposit any of it in joint accounts.
Answered on Feb 20th, 2013 at 7:41 PM
Trust Law Attorney serving Hayward, CA
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Law Office of Norman E. Reitz
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The inheritance comes to you as separate property. Unless you comingle it with your husband he has no right to the property on divorce. In our law practice we often set up a separate inheritance trust for a person like you so that the inheritance is clearly kept separate.
Answered on Feb 19th, 2013 at 3:45 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to seek out an estate planning attorney and have a trust set up for yourself only, and have the inheritance paid into your trust only, so as to maintain the character of separate property, and in your truest you will need to specifically name the people you do not want to inherit.
Answered on Feb 19th, 2013 at 3:44 PM
Inheritance is separate property. However, you must keep and treat it as separate property. Do not place the money into joint accounts or commingle with any other property that is held jointly. That would be the only way to get any of those funds if a divorce was filed.
Answered on Feb 19th, 2013 at 3:44 PM
Your inheritance is your separate property and so long as you do not commingle it with community property your husband will have no claim to it.
Answered on Feb 19th, 2013 at 3:44 PM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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As long as you dont co-mingle the funds with community funds (e.g. in the same bank account) then no, money received from inheritance is separate property.
Answered on Feb 19th, 2013 at 3:41 PM
2 Awards
If you keep it separate and dont mix it with your community property it will remain separate.
Answered on Feb 19th, 2013 at 3:41 PM
Neal Michael Rimer
Property received during marriage that is from a gift, devise, bequest, or inheritance is the separate property of the recipient. Just do not commingle those assets with community assets and they will stay separate.
Answered on Feb 19th, 2013 at 3:41 PM