Legal Question in Wills and Trusts in California
Is inheritance from an estate community property if obtained during marriage?
Asked on 7/15/16, 1:02 pm
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
Inherited assets are separate property of the inheriting spouse.
Answered on 7/15/16, 1:08 pm
No. Inheritances are separate property unless combined with community property in such a way as to evidence a gift to the community, or to commingle them in such a way as to make them inseparable from the community assets. It's a lot more complicated than that as to exactly when or how they might lose their separate status, but that's the basics.
Answered on 7/15/16, 1:09 pm