Thousand Oaks, CA asked in Divorce for California

Q: Do I have any rights to claim a % of an irrevocable trust where my husband is the beneficiary?

The trust was set up by his parents

Related Topics:
2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Inheritance is the separate property of the beneficiary.

Chris M. Bradford
Chris M. Bradford
Answered
  • Santa Monica, CA
  • Licensed in California

A: Probably not. To know for sure, the trust needs to be read. A gift through an irrevocable trust is like an inheritance. An inheritance or a gift exclusively to one spouse is the "separate property" of that spouse, which means it is exclusively his. "Separate property" is a legal term. The opposite of separate property is community property. Community property in California is earnings by husband and earnings by wife and whatever items are purchased with that money. Community property is shared by husband and wife regardless of who earned the money. You might want to also consider writing your own will or setting up your own trust, either by yourself or with your husband.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.