June 19, 2018 at 9:18 pm #4012msmaccParticipant
My husband and I were both widowed and retired when we married.
I kept the bank accounts I had prior to marriage separate.
Will the monthly automatic deposits, ie social security, pension, interest deposited into my credit union account after marriage be considered community property? If my husband predeceases me, can my greedy step children, his heirs, go after these separate accounts?
Thank you in advance.
June 24, 2018 at 5:45 pm #4015LexKeymaster
In very general terms, income from separate property is considered community property. That would not apply to SS income since it is not “investment” type income. This can be altered with a marriage contract (prenup) or a reservation of fruits (where it is specified that income from separate property remains separate).
Do you have a will? Better yet, a trust?
It sounds like, from your description, there may be trouble down the line if you don’t have a secure estate plan.
June 25, 2018 at 8:17 pm #4016msmaccParticipant
Thank you for the reply.
I do have a will.
The only interest I receive is from a 150 K money market account and a 100 K CD. Interest is the pits as I’m sure you know. I don’t have much as my total assets only amount to roughly 275 K. I don’t own property and live in my husband’s house which he had prior to our marriage.
I’d like to set up a trust for my two daughters but I don’t know if I could designate the money NOT go to a drug addict grandchild should my ill daughter pass. I would like to leave my total estate to my other daughter in that event. Is it possible to do this?
I truly appreciate your time and suggestion. Thank you.
August 23, 2018 at 9:37 am #4049LexKeymaster
Sorry, I didn’t notice there was a follow-up.
Yes, you can do what you want with a trust. Anything you can imagine, as long as it is not illegal or against public policy, can be done.
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