Legal Question in Wills and Trusts in California

My wife and I each have one relative on our respective sides of the family who is wealthy. If my relative passed away and left us his assets and then my wife and I separated, would she retain an interest in his estate or would her interest be rescinded upon the divorce?


Asked on 2/05/13, 12:17 pm

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Inheritances and gifts are the separate property of the recipient unless you make a gift to someone else, like using them to buy joint assets or adding them to title. Also take care not to commingle assets, like adding the separate property to a joint account or using it to improve a jointly held property, without a written agreement. In short, though, the non-recipient wouldn't automatically have an interest in the recipient's inheritance.

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Answered on 2/05/13, 12:22 pm
Michele Cusack Pollak & Cusack

I agree with the above, if your relative leaves money to you. if your relative names your wife as a beneficiary of his will or trust, her inheritance would not be rescinded by your subsequent divorce.

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Answered on 2/05/13, 12:37 pm

Just to clarify the precious answers: married or not anything left to you is only yours. She would have no interest in it no matter your marital status, unless after receiving it you share it with her or mingle it with community property. If your relative names her a beneficiary, or both of you jointly, then that would not change with separation or divorce. Your relative would have to change their will and/or trust.

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Answered on 2/05/13, 9:53 pm


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