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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?

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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.


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.

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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

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