Is a gift from my father to me considered community property and could my husband acquire an interest?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a gift from my father to me considered community property and could my husband acquire an interest?
My father is gifting my sisters and I a bank account payable at his death. If I predecease him the money is to go to my children. My father lives in IL and I live in WA.
Asked on September 26, 2011 under Family Law, Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In this country any gift to a person be it for a birthday, a holiday, graduation, or upon death is the personal and separate property of the person who receives it and is not community property at the time the gift is given unless the gift is actually intended to be community property.
The only way your husband could acquire an interest in a gift to you upon your father's passing is if he actually intended to give him an interest in it, or once you receive it as separate property, you give him an interest in it intentionally or impliedly by placing his name on it.
If you receive this bank account upon your father's death and do not want him to have an interest in it, set up a bank account in your name as your separate property.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.