Legal Question in Real Estate Law in California

I'm going to buy property in california with money I've saved, when I die I want it to go to my children. How can I safeguard this from my husband in case I die first?


Asked on 2/29/12, 8:27 am

2 Answers from Attorneys

Neal Rimer Neal M. Rimer, Esquire

As long as you are purchasing property with your "separate property" and that property has not been commingled with your spouse, you can create a living trust for your separate property, name yourself as the trustee during your life, and then name one of your children as the successor trustee to handle the assets in the trust after your death or incompetency.

If you have your spouse's cooperation, you could purchase the property and obtain a quitclaim deed and record that to confirm your spouse does not have any interest in the property and then do a will to dispose of that property to your children... or, create a living trust to avoid probate and do the same as stated above.

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Answered on 2/29/12, 9:11 am

If the savings you refer to were accumulated during the marriage, and not solely from investment income from assets you owned before the marriage and never co-mingled with community assets, there is no way you can buy the property and pass it to your children without your husband having a right to some or all of it if you die first, unless your husband consents to transmute the community money into your separate property AND you then make a living trust or will that bypasses your husband. Doing this right requires in-person attorney assistance. This is not a situation that can be handled by free internet questions and research.

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Answered on 2/29/12, 10:05 am


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