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If I remarry, will my new husband have ownership rights in the house I will inherit from my mother?

May 3, 2004


From:  Anonymous
Date:  Thu, 29 Apr 2004

I live in California. I am a widow, soon to be remarried. My mother has chosen to bequeath to me the house I am living in, which she owns in a living trust. In the past year, I have met someone and we plan to be married soon. My mother says she will not leave the house to me because she is afraid my husband will get ownership rights in the home through the community property laws.

She says she will only leave the house to me if I promise never to marry again.

Any advice?

Answer

Date:  Fri, 30 Apr 2004

Hello,

This is a legal question for which you need to consult with an attorney for proper advice.

Now Iím playing "Dear Abbey." Does your mother have a reason for disapproving of this marriage? If not, discuss with you attorney whether your mother has become incompetent. If she is not incompetent, she can do as she pleases with her property and you might have to make a choice.

Good luck!
Mike Gray

We have more answers to frequently asked real estate tax questions! We also offer up-to-date information about new tax real estate tax developments in Michael Gray, CPA's Real Estate Tax Letter.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained on this website was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

If I remarry, will my new husband have ownership rights in the house I will inherit from my mother?

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