Legal Question in Wills and Trusts in California

Re: Inheritance, does spouse get half?

Inheritance is separate property, and does not become community property UNLESS you comingle the funds into a community asset, such as a joint checking account.

If things are that bad, consider a divorce before the relative dies.

Re: Inheritance, does spouse get half?

A divorce before receiving the inheritance would be the best solution. Otherwise, set up a separate account in your name only and never mix any of the funds with your wife's assets or joint assets. Any money used to purchase jointly owned property loses its separate nature and becomes an asset 50% owned by your wife.

Re: Inheritance, does spouse get half?

the inheritance that you may receive you must keep in your own name separate apart from any community funds. Additionally, anytime you take part of your inheritance to pay for, repair or maintain a community property asset it is presumed that you have done this with the intent to comingle that money into the community fund. The problem is that your income and assets will also be used to determine what if any spousal support she may have a right to. While she does not have a right to the moneys itself since that is yourInheritance is not in any way community property as long as you do not comingle those funds with community property. Any part of separate property those moneys can be used possibly to show that she has a right to more spousal support in she would've otherwise had. My best advices seek the aid of a specialist in family will immediately if you are serious about this subject.