Legal Question in Family Law in Arizona
Community Property
My mother-in-law was murdered recently, leaving all of her assets in a revocable trust. She specified gifts for all 6 surviving siblings. Apparently one of the in-laws has indicated to his wife that if he divorces her now, half of what she is due to receive will be his. The trust has not been settled as of yet, there still are some properties to be sold. My question is, is there a way to protect my sister in laws rights to her mothers property or regardless of the timing of the distribution, is the husband automatically entitled to one half.
Thank you
2 Answers from Attorneys
Re: Community Property
Her Husband is wrong. Under Arizona Law, any property received by inheritance during the marriage remains the separate property of the spouse receiving it. However, that separate property can be changed to community property if your sister takes certain steps. For example, if she receives a cash distribution, and deposits it into a joint checking account, she may be "gifting" her Husband an interest in the funds.
When she receives it, it is separate. She just needs to insure that it REMAINS separate.
Please contact me directly if you would like to discuss this further, or if she would like to discuss other issues which might arise in any divorce.
/s/ Rich J. Peters, Attorney
see our web page at www.familylawaz.com
Re: Community Property
Generally speaking, an inheritance is usually separate and not community property. However, there are many factors that can affect this. Based on the assumption that the inheritance will be separate property, there are ways to protect your sister-in-laws inheritance. Please contact our office to arrange a consultation. If travel to our office is not convenient, a telephonic consultation can be arranged.
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