Legal Question in Wills and Trusts in Massachusetts

Community Property Question
Hello,
I understand California is a community property state and that inheritances remain individual property unless they are commingled with shared funds. In the event the couple move to a non community property state (say Massachusetts) is the inheritance changed to jointly owned ?

Asked on 4/24/08, 2:34 pm

4 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Community Property Question

That would be a question of Massachussets law. But, I doubt it. Most of the states on the east coast allow marriec couples to have separate property.

Answered on 4/26/08, 2:42 pm

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Mitchell Roth MW Roth, Professional Law Corporation

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Re: Community Property Question

That would be a question of Massachussets law. But, I doubt it. Most of the states on the east coast allow marriec couples to have separate property.

Answered on 4/26/08, 2:42 pm

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Christopher Vaughn-Martel Charles River Law Partners, LLC

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Re: Community Property Question

In Massachusetts, an expected inheritance will not be automatically considered marital property subject to equitable division. However, one spouse's likely or expected inheritance will be one of the many factors for a judge to consider under General Laws 208 Section 34 (particularly, in weighing the 'opportunity of each for future acquisition of capital assets and income' factor).

However, an actual inheritance-in-possession, or an inheritance that has been distributed or is subject to distribution, will be considered marital property subject to equitable division by the judge.

Please feel free to contact me should you have any further questions, or if you should require the services of an attorney in the Commonwealth of Massachusetts.

Answered on 4/24/08, 4:36 pm

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