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

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2 Lawyer Answers
Tobie Brina Waxman
Tobie Brina 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.

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