Thursday, December 31, 2009

Can a putitive spouse inherit the property that she and her deceased husband outlined in a living trust?

Just found my marriage may have been putative. An old divorce of mine in California may NOT have been finalized. My husband died 10 years ago and the estate is closed. I live in California. We have home in trust and I am beneficiary of spousal IRA.Can a putitive spouse inherit the property that she and her deceased husband outlined in a living trust?
Wow - I don't usually recommend this on here (you can check!) but in this case you really need to consult an attorney, at least that's my suggestion.





There are a number of factors here, namely why the divorce is not final, the terms of the trust, and the terms of the IRA. Someone with experience in these matters needs to review the actual documents, as this could have significant tax implications as well.

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