Legal Question in Insurance Law in California

estate law

my husbands father has died leaving him real estate and a good deal of money. my husband tells me that should he, my husband, pre-deceases me his inheritance will go directly to his children. I am 62 years old and I am afraid, because he is ill, that he will predecease me leaving me with nothing. Is this legal in California

Asked on 1/27/07, 1:44 pm

2 Answers from Attorneys

Steven Lynes Lynes & Associates

Re: estate law

This was posted in the "insurance" section. You should repost to "probate" section to have it considered by attorneys who specialize in Wills & Trust law. In general, I believe that inherited assets remain the separate property of the spouse unless commingled with community assets, and that as his separate property, he can will those assets to whomever he wishes. But again, repost this questions to the “probate” section to get additional guidance.

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Answered on 2/01/07, 8:47 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: estate law

Just a thought -- you might be able to persuade your husband to set up a trust which would support you off the income from the real property and interest from the invested money, without having to invade the principal. Once you are gone, then the principal could go to the kids. But DO post for an estate planning attorney.

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Answered on 2/01/07, 9:28 pm

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