Sunday, April 27, 2014

My husband inherited some money from his previous employer who recently passed. We've been married for 3 years now. Do I have a right to ask...

Question

My husband inherited some money from his previous employer who recently passed. We've been married for 3 years now. Do I have a right to ask for a share? What is the law here in CA?



Answer

Your husband's inheritance is his separate property. You are not entitled to any of it.



Answer

Everything acquired during marriage as the result of the labor of either spouse is community property owned equally by both spouses, regardless of whose names are on the account.

Any assets owned prior to marriage, and any gifts or inheritances received during the marriage, are the sole and separate property of the spouse receiving the gift or inheritance.

Note that employment related bonuses are community property, but in your husband's case, if he was no longer working for his former employer when his former employer died, it would be hard to characterize the inheritance as any sort of performance related employment bonus.



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