Legal Question in Wills and Trusts in California

spouse's rights to inheritance

Does a spouse have any legal rights to an inheritance left to their spouse by their sole parent during their marriage? If they decide to divorce is the spouse entitled to half of that inheritance?


Asked on 2/16/02, 11:29 am

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: spouse's rights to inheritance

Inheritances are separate property in California, so the spouse does not have a right to the property, unless the inheriting spouse gives it to him or her, or commingles it with their community property.

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Answered on 2/16/02, 8:47 pm

Re: spouse's rights to inheritance

Maybe at death and probably not at divorce. Good luck. -JBP

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Answered on 2/19/02, 11:04 am
Ken Koury Kenneth P. Koury, Esq.

Re: spouse's rights to inheritance

No, they have no right to it. Get a job.

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Answered on 2/16/02, 12:09 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: spouse's rights to inheritance

No, an inheritance is the separate property of the receiving spouse, unless he comingles the funds or assets with other community property.

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Answered on 2/16/02, 3:10 pm


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