Legal Question in Wills and Trusts in California
Inheritance in a community property state
In a community property state, if an individual receives and
inheritance, does the inheritance belong to the individual or is it
considered community property?
3 Answers from Attorneys
Re: Inheritance in a community property state
It is not ommunity property unless it is comingled with community property.
Re: Inheritance in a community property state
An inheritance is separate property and belongs to the recipient. It remains separate property unless it is co-mingled, transferred to your spouse as a gift or your spouse makes contributions to the property. If you wish the property to remain separate, it is important that you keep it separate and apart from you community assets.
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Re: Inheritance in a community property state
The inheritance is the recipient's sole and separate property, unless the recipient commingles it with community property or gives it to his/her spouse.
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