Legal Question in Family Law in California
I am 66 y.o. married woman; husband 70 y.o.; we've been married 43 yrs. I just discovered he's been seeing escorts. I am a Catholic and don't want to divorce him. Question: I am going to inherit a goodly sum of money from my 90 y.o. mother when she passes away. I don't want my husband to be entitled to any of it under any circumstances whether I'm living or dead. Since California is community property state & he would be entitled to receive 1/2 of my inheritance, how can I prevent that? My mother's will stipulates that if I die before her, our kids will inherit her estate. That's good. But how can I prevent him from being entitled to 1/2 of my inheritance if we're still married when she passes? Would getting a 'legal separation' or 'separation agreement' now prevent his ever receiving part of my inheritance? Is divorcing him before my mom dies the only way to prevent his getting 1/2 of my inheritance? I hope I've made this clear. Thank you very much.
2 Answers from Attorneys
The inheritance is your separate property. Keep it separate from the community funds and do not put his name on the accounts. Contacting an attorney regarding setting up a trust would help with your concerns.
I agree completely with Lyle Johnson. He is only entitled to 1/2 of community property. By law, inheritance is separate property, even if you are married. As long as you keep it separate from community funds or assets, it retains its separate property character. He won't get any of it. You should also most definitely have a will and/or trust set up.
Lastly, whether to take any further steps depend on whether you want to leave the relationship. A legal separation is the method the state makes available to people who want to be divorced in the legal sense for most purposes, but remain legally married for reasons such as faith, government benefits, and other things that are dependent on staying married while ending the economic and personal relationships. If you want to go that route talk to any qualified Family Law attorney in your area.
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