Legal Question in Wills and Trusts in California
My husband is a self employed general contractor for 30 years. I have been married to him for 5 years. His bonding company told him that, should he ever default on a job, they can take my money (a trust from my mother and a 401k with my work) as well as his. We live in California. Is this true?
1 Answer from Attorneys
Monies earned while married are considered community property for estate planning purposes as well as debts so a 401k contributed to after marriage is community property and the debts of one spouse incurred during a marriage can be similarly characterized as community property debts. Nevertheless, there are ways to shield monies such as separate property inheritance from one spouse's family through irrevocable trusts, pre and post nup agreements and other means. In addition, your husband can set up his business so as to protect individual assets from business debts. There are steps you can take to legally plan and manage your assets and potential liabilities. We can help if you want to discuss further.