Legal Question in Family Law in California

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?

Asked on 5/25/13, 10:12 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 6/13/13, 4:17 pm

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