Legal Question in Wills and Trusts in California

In what state is inheritance community

Property? Is it community property in California

And Nevada


Asked on 10/27/10, 6:03 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Not California, unless it is a specific gift to both parties.

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Answered on 11/01/10, 7:01 pm

I'm assuming you mean to ask whether the inheritance is community property when one person in a married couple receives inheritance during the marriage. In California it most definitely is not community property. Mr. Roach is incorrect that it is community property even if it is a specific gift to both, such as leaving the decedent's house to the married couple together. Even in that case they each receive a 50% interest in the house as separate property. Only if the deed out of probate states that it is as community property would it be community property, and that should not happen unless they request it. I am not licensed in Nevada, so I cannot tell you what Nevada law says, but I am 98% certain that the law in all community property states is the same on this issue.

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Answered on 11/02/10, 12:44 pm


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