Legal Question in Wills and Trusts in California
do i have to split my my portion of the probate with a spouse I plan to divorce
My father passed away almost two years ago. My husband and I have been struggling with our marriage for quite some time even before my father's death. The estate is going to be split between my brother and I. Is this money going to be community property? Do I have to split it with my soon to be ex-huband?
1 Answer from Attorneys
Re: do i have to split my my portion of the probate with a spouse I plan to divo
In California, in most cases, an inheritance is your separate property (unless your husband is also named as a beneficiary in the will). It's important that the inheritance not be commingled, or mixed, with your community property, meaning it should stay in your name.
It wouldn't be your husband's, but the court may use your assets in making its support calculations.
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