Legal Question in Wills and Trusts in California
Inherited real estate community property?
My mother has all assets in a living trust, she is trustee. Will says my brother (successor trustee) receives 50%, my nephew 5%, and I receive 45% -- specifically says my husband to receive nothing. I am married, separated from spouse for 1-3/4 years, no divorce papers filed by either party. My mom received "advice" from clerk at Assessor's Office saying that anything I inherit is community property, with my spouse entitled to 50% of anything I inherit, and the only way I can deal with my 45% interest in the real property is by getting my spouse to sign and record a quitclaim deed. My understanding is that any inherited or gifted property is separate property and that my spouse has no rights whatsoever to that property, and the Assessor's Clerk is practicing law without a license. Yes/No/Maybe So? TIA!
4 Answers from Attorneys
Re: Inherited real estate community property?
The clerk is dead wrong, as they often are.
Re: Inherited real estate community property?
Any property inherited under any circumstances is separate property unless transmutted in writing to community property, etc.
Re: Inherited real estate community property?
Any property inherited during marriage, separated or not, is separate property unless transmutted in writing to community property, etc.
Re: Inherited real estate community property?
You are right. Clerk is dangerously wrong. Classic definition of non-community property is property obtained by gift or inheritance. As long as you keep property in your name and don't commingle it with separated spouse, he can't have any interest in it.
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