If my husband’s mother passed away and left a living trust with my husband to receive everything,but he’s in prison, do I have any rights to what he was left?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband’s mother passed away and left a living trust with my husband to receive everything,but he’s in prison, do I have any rights to what he was left?
Can I claim the property for him?
Asked on August 4, 2013 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You have really asked two different questions. Do you have any rights to his inheritance? The likely answer is no at this stage of the game. Generally speaking, inheritance is considered separate property. As for if you have any right to claim it on his behalf, if he legally appoints you to the task. 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.