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?

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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 7 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. 


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