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entitlement of proceeds of inheritance by seperated husband.

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L

Lhibbard

Guest
I am the beneficiary to my step father's estate. I am currently seperated from my husband. I live in California, and my stepfather in Arizona. He tells me that his lawyer has told him that my husband will be entitled to some or half of the proceeds because we are not divorced...is this true? If this is not true, how can I prove this to my stepfather? He wants to force me to get a divorce, and I do not want to do that.

Any advice or information is greatly appreciated. Thank you.
 


ALawyer

Senior Member
This is not going to convince him, but inherited property is NOT community property unless the spouse is stupid enough to comingle it. A CA lawyer can confirm that for him and advise you how to keep it separate and to make a Will so if you die the husband gets none of it.
 
A

advisor10

Guest
FEB 9, 2001

DEAR LHIBBARD:

Your stepfather's lawyer is incorrect and probably doesn't know it--he is probably assuming everything is community property.

Your husband will not be entitled to any of the proceeds that you are named beneficiary of. Gifts, inheritances or life insurance proceeds received individually during a marriage are considered "separate property" in California AND Arizona.

Politely tell your stepfather that he needs to ask his attorney to look up the state law definition of separate property and if that lawyer can't find it, get a second opinion from other attorney. Mention to him that you have the moral right to decide how you want to live and that you will be getting the professional advice of an attorney and/or accountant to find out how you can best protect and manage your interests and assets, but "thank you for your concern--I know you are looking out for my best interests".

[email protected]
 

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