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divorce and inheritance

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djeantoy

Guest
I live in CA.- My mother has 3 insurance policies that she is leaving me when she dies totaling about $60,000. If I have that money and my husband decides to divorce me, can he claim half of that money as his? If so, can my Mother put that money in a trust for me only to be accessed if I am divorced from my husband?
I believe my husband is hanging around till my Mom passes and THEN IS GOING TO FILE FOR DIVORCE AND SAY THAT THE MONEY IS COMMUNITY PROPERTY AND HALF IS HIS?
pls advise....
thank you so much for your time and trouble.

Deborah Toy
 


LegalBeagle

Senior Member
djeantoy said:
I live in CA.- My mother has 3 insurance policies that she is leaving me when she dies totaling about $60,000. If I have that money and my husband decides to divorce me, can he claim half of that money as his? If so, can my Mother put that money in a trust for me only to be accessed if I am divorced from my husband?
I believe my husband is hanging around till my Mom passes and THEN IS GOING TO FILE FOR DIVORCE AND SAY THAT THE MONEY IS COMMUNITY PROPERTY AND HALF IS HIS?
pls advise....
thank you so much for your time and trouble.

Deborah Toy
Two things need to happen to protect that money.. 1. your mother should ensure that the will states the money is for you, and you ONLY. 2. When you recieve that money, you place it in a totally seperate account and do not, in any way mix it with marital funds.

Then, he will not be able to touch it..
 
N

NEED TO KNOW

Guest
inheritance

I went through the same thing. The advice you received is correct, keep that money seperate! Make sure you do not co-mingle that maney in any way! I must add from my own experience that you should not pay any marital debts with it either.
On the down side, after you inherit and invest the money, the INCOME from the investment will be applied as part of your income. This will make a difference if you are claiming maintenance.
Good Luck!
 

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