Legal Question in Family Law in California
Wife is not in husband's family trust
My husband set up a trust that has only his 2 daughters mentioned in it who are close to my age. They are both fiancially well-situated and totally disrespect me since I am 22 years younger than their 63-year-old dad. Since they ''own'' my husband and he constantly makes me think that he needs to protect his assets, I am wondering what will happen to me one day when I am old and he passed away. Do I have any right to inherit half of his assets at least or do I end up poor on the paper when his kids are the only persons listed in the family trust? When I asked him about this, he threatens me that there is the door and we don't have to be married anymore. I am really confused about this because I already gave up a lot to be his future caregiver when the day comes that he needs help with the daily routine. What are my options in regards to being legally treated as his wife and is there any law stating that by California Law the wife owns have of her husband's assets. Before we got married, there was another younger wife in his life and I got the impression that she took off after the first year when he made her deal with the same scenario. I appreciate any advice from you so I don't have to feel like I am the 5.weel and less valuable.
8 Answers from Attorneys
Re: Wife is not in husband's family trust
You are entitled to half of the community assets, which are assets earned during the marriage through you and your husband's labor. If you husband had assets prior to the marriage, you will apparently not get any of it. Start collecting your tax returns now.
Re: Wife is not in husband's family trust
Your situation is complex...and is lacking a lot of information that would be hard to gather on line. It would be well worth your while to meet an attorney familiar with community property and trust law, which our office is, at least for a short consult. Your situation concerns me, but there are a lot of variables. If you are near this area, please set up a short consult, so I can give you more guidance. You do have rights!
vty, Julie S. Page
Re: Wife is not in husband's family trust
Your situation is complex...and is lacking a lot of information that would be hard to gather on line. It would be well worth your while to meet an attorney familiar with community property and trust law, which our office is, at least for a short consult. Your situation concerns me, but there are a lot of variables. If you are near this area, please set up a short consult, so I can give you more guidance. You do have rights!
vty, Julie S. Page
Re: Wife is not in husband's family trust
Your situation is complex...and is lacking a lot of information that would be hard to gather on line. It would be well worth your while to meet an attorney familiar with community property and trust law, which our office is, at least for a short consult. Your situation concerns me, but there are a lot of variables. If you are near this area, please set up a short consult, so I can give you more guidance. You do have rights!
vty, Julie S. Page
Re: Wife is not in husband's family trust
Your situation is complex...and is lacking a lot of information that would be hard to gather on line. It would be well worth your while to meet an attorney familiar with community property and trust law, which our office is, at least for a short consult. Your situation concerns me, but there are a lot of variables. If you are near this area, please set up a short consult, so I can give you more guidance. You do have rights!
vty, Julie S. Page
Re: Wife is not in husband's family trust
Your situation is complex...and is lacking a lot of information that would be hard to gather on line. It would be well worth your while to meet an attorney familiar with community property and trust law, which our office is, at least for a short consult. Your situation concerns me, but there are a lot of variables. If you are near this area, please set up a short consult, so I can give you more guidance. You do have rights!
vty, Julie S. Page
Re: Wife is not in husband's family trust
Your situation is complex...and is lacking a lot of information that would be hard to gather on line. It would be well worth your while to meet an attorney familiar with community property and trust law, which our office is, at least for a short consult. Your situation concerns me, but there are a lot of variables. If you are near this area, please set up a short consult, so I can give you more guidance. You do have rights!
vty, Julie S. Page
Re: Wife is not in husband's family trust
It depends. The law assumes that all property acquired during a marriage is community property. There are several exceptions to this rule. If the property was acquired before marriage and kept in a separte trust or account, it will probably maintain its separate property character. Likewise, a spouse can give up to 1/2 the marital estate away through a trust or will. The other 1/2 would belong to you. On the other hand, just because an account or property is in the name of one spouse does not mean that it belongs solely to that spouse. So, in order to give a better answer, I would need more information from you.
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