Legal Question in Wills and Trusts in California

Is inheritance from an estate community property if obtained during marriage?


Asked on 7/15/16, 1:02 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Inherited assets are separate property of the inheriting spouse.

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Answered on 7/15/16, 1:08 pm

No. Inheritances are separate property unless combined with community property in such a way as to evidence a gift to the community, or to commingle them in such a way as to make them inseparable from the community assets. It's a lot more complicated than that as to exactly when or how they might lose their separate status, but that's the basics.

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Answered on 7/15/16, 1:09 pm


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