QUESTION
Does my father have any rights to any of my stepmother’s inheritance if they have been married for 30 years?
Asked on Jun 02nd, 2014 on Estate Planning - California
More details to this question:
My stepmother is the trustee and beneficiary for her unmarried brother’s estate. He has no children and no other siblings. She has been married to my father for 30 years. Is her inheritance from her brother supposed to be shared with my father? She has formed separate corporations with her children, omitting him completely. The trust was in California, they live in Idaho.
6 ANSWERS
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Father has no inheritance rights to her separate property, but may have rights to her one half share of the community property if she did not will her one half out to someone else.
Answered on Jun 04th, 2014 at 10:02 PM
Neal Michael Rimer
An inheritance is the separate property of the recipient. Your stepmother can do what she wants with her inheritance. Your father is not "entitled" to your stepmother's separate property.
Answered on Jun 04th, 2014 at 10:02 PM
An inheritance is separate property and she does not have to share it.
Answered on Jun 04th, 2014 at 10:02 PM
Your father is not entitled the inheritance from your step mothers brother, it is separate property.
Answered on Jun 04th, 2014 at 10:01 PM
Edwin K. Niles
Under Ca law, an inheritance is separate property, and the spouse has no claim. Ca is a community property state; I cannot advise on Idaho law.
Answered on Jun 04th, 2014 at 10:01 PM
2 Awards
She has every right to NOT share her inheritance with her husband - inheritance is separate property.
Answered on Jun 04th, 2014 at 10:01 PM