Legal Question in Elder Law in California

Protecting My Inheritance

My father recently passed away. I was his only child. I am also married. Before I begin the probate process, how can I protect myself againt my spouse's greedy little hands? We have been married ten years but he is very greedy and selfish and a little TOO interested in my newly acquired inheritance. I have 4 adult children by a previous marriage and 2 minor children 3 and 5 with him. The estate is estimated at more than a half of million dollars. Thks.


Asked on 9/11/04, 11:08 am

4 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Protecting My Inheritance

Keep everything you receive in separate accounts with no mention of your husband's name. Do know use any of your community property to pay things related to your inheritance. For instance, do not use the inheritance to buy a house and then use marital assets to pay the mortgage. You may want to consider establishing a separate trust. You should retain a probate attorney to help you with the estate administration and he or she can help you with what to do with the assets afterwards. Good luck.

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Answered on 9/11/04, 1:21 pm
Terry A. Nelson Nelson & Lawless

Re: Protecting My Inheritance

Consult with an estate and probate attorney to discuss a trust, or other techniques to protect the inheritance, which is separate property unless you comingle it.

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Answered on 9/14/04, 2:19 pm
Joel Selik www.SelikLaw.com

Re: Protecting My Inheritance

make sure it goes into a seperate account, keep any property in your name alone, do not use any "us" community money to pay for loans or maintenance.

JOEL SELIK

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Answered on 9/12/04, 8:16 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Protecting My Inheritance

Your inheritance is separate property, but it must be kept separate, in your name, to remain that way. That also means keeping your separate assets apart from your community, or marital, assets. You should also revise your estate planning, or at least review it, as your current will or trust may give your inheritance to your husband at your death.

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Answered on 9/13/04, 12:16 pm


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