In the ten community propert states like Arizona, the general rule is that anything acquired during a marriage is presumed to be community property unless it was acquired by gift or inheritance. If you inherit money during a marriage, it is normally your sole and separate property. But beware how easy it is to commingle that inheritance so that it becomes a community asset (divisible in a later divorce). If you inherit a house and later deed it into your joint names, it has just become community property. If you inherit money that you later transfer to a joint revocable trust without specifically labeling the account as your sole and separate property and listing the asset on a schedule of assets for the trust as your sole and separate property, it has probably just become community property.
Be sure to talk to your estate planning attorney about this. Ask how you can better "tag" the inheritance as your sole and separate property. One way of fixing a mistake after the fact is to have your spouse sign a "disclaimer" of his/her community interest in the property. You really cannot be too careful with this.
Saturday, February 7, 2009
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