Legal Question in Wills and Trusts in California

Re: inheritance

No, in California, any money inheirited is considered separate property of a spouse so long as it is not transmuted or commingled with community property funds.

This means keep it a separate account if cash. If it is property, you will also need to use separate property funds to maintain the property as not to give the community any interest in the asset.

There are some pitfalls so beware and consider seeking the advice of an attorney, a tax person and/or a financial advisor when dealing with separate property inheritances.

I hope this helps.

Reply: inheritance

In a general sense, inheritance starts out as separate property, and can become community property if comingled, among other things.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: inheritance

It's separate property.

Re: inheritance

In California, an inheritance is not considered community property. However, it is necessary not to commingle the inheritance to give rise to questions pertaining to intent. In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com

Re: inheritance

As a general observation, inheritances to an individual are usually characterized as separate property. However, the characterization of property as community or separate is fact-specific, and property once characterized as separate can be transmuted into community property, so it is important to consult an attorney regarding the particular circumstances in your case. -- Linda