Legal Question in Wills and Trusts in California
In what state is inheritance community
Property? Is it community property in California
And Nevada
2 Answers from Attorneys
Not California, unless it is a specific gift to both parties.
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.