Legal Question in Family Law in California
Does insurance money received via a death from another person to my spouse count as half mine?
3 Answers from Attorneys
Interesting question. I have not researched this specific issue, but I'm pretty sure the answer is "no." Life insurance is not an inheritance, per se, and passes outside the estate of the decedent. So it does not come under the "inheritance" rule that makes it separate property, not community property. I am very sure, however, that it falls under the "gift" rule that gifts also are not community property, unless and until commingled with community property or made a gift to the community.
I am assuming you mean some type of inheritance? If so, that is the spouse's separate property if it was given only to him. For further information, visit http://www.ellifritzlaw.com