Legal Question in Wills and Trusts in California

Remove self from wife's inheritance

My wife is planning to divorce me. I wish to save the marriage. One issue is money: she doesn't trust me at this point with money. When her mother dies, my wife will inherit money from her mother's estate. I wish to remove myself from that inheritance so that if my wife inherits money while we are still married, I will not have any right to it. That way it removes the financial risk if she stays married to me and inherits the money, and gets a divorce later. Hopefully this will help her to give me a chance.

What are some ways to achieve this? Is there anything I can do unilaterally to achieve this so I can just do it and inform my wife that it is done?


Asked on 12/17/03, 9:19 pm

2 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Remove self from wife's inheritance

First of all you can't stop your wife from divorcing in California. It's automatic like it or not. Secondly, inheritance from anyone is the separate property of the individual who gets it. Anything you to be is superfluous, but might show her how you feel. That in doing anything like this I would suggest marriage counseling. It can be successful in both parties going with an open mind. The problem is assembly really want to divorce the mind a going with is myopic. Given you are predicting a dyer situation, I would advise you to get an attorney specialized in dissolution marriage to aid you immediately. These are not pleasant actions in you need to protect yourself as much as possible from the outset.

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Answered on 12/18/03, 12:22 pm
Jill Zimmerman Law Office of Jill Zimmerman

Re: Remove self from wife's inheritance

Any inheritance your wife gets while married becomes her separate property. Even in a community property state like California. Let your wife know this. It would also be good for her to keep her inheritance in a separate bank account so there is no comingling. Let her know this. Since the inheritance would be her separate property, upon divorce or death, all of it belongs to her, none to you. So you do not really have to do anything, just inform her of the law so she can be reassured.

Hope this helps. I also hope things work out for you for the best.

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Answered on 12/18/03, 2:07 pm


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