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3 mil split 3 ways, 1 mil each. Wife of one recipents rights, if her husband is tried for molesting,& incarcerated what's hers?

Stockton, CA |

If the family finds out they will cut him out of the will altogether. Is there anything the wife can do to ensure her husband gets his inheritence, and does ,she have a legal right to 1/2? Must she divorse him to get it? Any legal forms she can sign to assure he does'nt gamble it away?

Attorney Answers 3


In the State of California inheritance is considered the separate property of the person receiving it. Therefore, the answer to all questions is no.

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4 lawyers agree


There's a lot of information to fill in before we can give you a definitive answer. Is this a will that is already in probate, or a trust that is already irrevocable, or is the creator of the will or trust still living? If the latter, then the creator (the "testator" or "settlor") can amend the will or trust to omit the husband for any reason. If the testator or settlor has died already, then it's possible "the family" can't do anything about the inheritance, unless there is some sort of morals clause in the will or trust (pretty rare). Mr. Hagopian is correct, however, that the wife does not have an independent right to any part of the inheritance unless the will or trust provides it.

DISCLAIMER: Neither the information in, nor this communication itself, is intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to the attorney-client privilege.

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3 lawyers agree


I agree with the prior responses, and particularly Attorney Dube. It is hard to tell what exactly is going on, here. If the parent (?) has already died, then the documents cannot be changed. If the parent is still alive, he/she/they can change their estate plan to provide for whatever they wish.

There is nothing the wife can do, otherwise. If the husband has received the money and placed it in joint accounts, then the wife can access the money and perhaps remove some of the funds. Otherwise, she is out of luck.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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