California | Wills and Trusts
Legal Question
Inherited real estate community property?
My mother has all assets in a living trust, she is trustee. Will says my brother (successor trustee) receives 50%, my nephew 5%, and I receive 45% -- specifically says my husband to receive nothing. I am married, separated from spouse for 1-3/4 years, no divorce papers filed by either party. My mom received "advice" from clerk at Assessor's Office saying that anything I inherit is community property, with my spouse entitled to 50% of anything I inherit, and the only way I can deal with my 45% interest in the real property is by getting my spouse to sign and record a quitclaim deed. My understanding is that any inherited or gifted property is separate property and that my spouse has no rights whatsoever to that property, and the Assessor's Clerk is practicing law without a license. Yes/No/Maybe So? TIA!
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