Is a gift from my father to me considered community property and could my husband acquire an interest?

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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 11 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.


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