Legal Question in Wills and Trusts in California
If I work under the table for a person and cared for him and he left me money and now I'm going to get a divorce does my husband have right to the money per code 21350 and if yes can I spend some of that money now before the divorce is final to live on and to help my daughter with there schooling
2 Answers from Attorneys
If you inherit money, that money is legally considered your separate property. This is especially the case if you are currently involved in divorce proceedings and received the money after the divorce was first filed. Since it is separate property, you may do with it what you wish.
Be sure to deposit the money into a separate bank account which you husband does not have access to.
Mr. Jordan is correct regarding your husband's interest in the gift. However, you should be aware that if you were a caregiver and the person you cared for gave you a gift in his or her estate planning documents, it may be an invalid gift under Probate Code Section 21350 depending on the facts.
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