Hi, I am not American, my husband and my daughter are. My husband has 2 other kids with previous marriage. We did not sign Prenuptial. And after the marriage, my husband signed living trust with a lawyer and stated that if anything happens to him, all his assets in the US will be divided to his other 2 kids. None for me and my daughter. Here is my question:
1) am I eligible to any of his Assets in the US given the fact we did not sign prenuptial?
2) am I eligible to any of his assets even thou I am not US citizen?
1 Answer from Attorneys
Your citizenship does not affect the issue. He cannot give away community property, or make a gift of it to others. Community property is property that is acquired during your marriage, but does not include gifts from others or anything he inherited.