Recent Posts in Trusts and Transmutations Category
| April 08, 2010 |
| I am named in my Wife's will. If we DIVORCE does the WILL help me? |
| Posted By Thurman Arnold |
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Q. My wife has a lot of real estate property. She put me on her Will. If we divorce, does this help me make a claim to the property?
A. Please see my other Blogs about transmutations using the onboard search engine at the upper right of this page.
Wills do not effect transmutations - meaning, they don't change the character of property from community to separate or separate to community. Your wife's Will is neither a gift to you of an interest in the property or evidence of an intent to make a gift. It doesn't help you at all. What matters is if you are actually placed on title.
However, revocable trusts sometimes do constitute transmutations (and this is a malpractice trap for estate attorneys), especially if they were created before mid-last year, when a recent appellate decision surprised some estate planning practitioners. The trust language may inadvertently have transmutedeverything placed into the trust into community property. A family law expert would need to review the language of the trust documents carefully to properly advise you.
TWA |
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