Legal Question in Family Law in California

Is a cash settlement I received from a wrongful death claim for my father, who died from exposure to asbestos, considered community property in the state of California? My spouse and I have been legally seperated for over 4 years and the lawsuit was filed after we were seperated.My father died 2 years ago. Also, will I have to pay taxes on the cash settlement?


Asked on 8/23/09, 8:09 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

No, it would be your separate property since it is like an inheritance, even if you were still married, but even more since the case was filed after you had been legally separated. As far as being taxed on the settlement, probably you will be taxed, but I'm not a tax expert. You should post the question again under tax law.

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Answered on 8/24/09, 3:02 am


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