How to override Community Property Law in CA for surviving spouse

[kiramcg]

Jurisdiction

California

Hi ~ My mother is recently married and in her 70's. She is selling her home in Nevada worth $350K (which she owned prior to the marriage) to buy a home in California. She will be using her own money to buy the home in CA out right, and will have her name on the title. My question is if she dies before her spouse he will inherit the home according to CA law. Is there a way to override that law with an agreement so that the house remains to my mother's heirs (her 3 kids) since she will be using all her money to buy a $400,000 home. Her current husband has no money to contribute to the purchase. We are fine with him living in the home should she pass before him, but if he for example gets alzheimers or needs to be moved into an elder care facility, he and his heirs will make the decision about how to use the proceeds of the home.

 

[army judge]

Hi ~ My mother is recently married and in her 70's. She is selling her home in Nevada worth $350K (which she owned prior to the marriage) to buy a home in California. She will be using her own money to buy the home in CA out right, and will have her name on the title. My question is if she dies before her spouse he will inherit the home according to CA law. Is there a way to override that law with an agreement so that the house remains to my mother's heirs (her 3 kids) since she will be using all her money to buy a $400,000 home. Her current husband has no money to contribute to the purchase. We are fine with him living in the home should she pass before him, but if he for example gets alzheimers or needs to be moved into an elder care facility, he and his heirs will make the decision about how to use the proceeds of the home.

None of that is your business.

Your mother isn't concerned with who inherits your home.

 

[kiramcg]

None of that is your business.

Your mother isn't concerned with who inherits your home.

This is not a helpful response, and is quite sarcastic. I'm surprised that this is the quality of conversation on this forum.

I have financial power of attorney for my mother and she has asked that I inquire about this as it is her concern who inherits her home bought solely with her assests.

 

[army judge]

This is not a helpful response, and is quite sarcastic. I'm surprised that this is the quality of conversation on this forum.

I have financial power of attorney for my mother and she has asked that I inquire about this as it is her concern who inherits her home bought solely with her assests.

The truth isn't always that which we wish to hear.


Unless you are your mother's court appointed guardian, your power of attorney isn't binding, insofar as acceptance on any entity or person, public or private.

If your mother wishes to avoid the possibility of anyone, OTHER than her children, inheriting her home there are ways to avoid that possibility.

She can choose not to marry the man in question.

She can buy the home, place it into a family trust, and make her wishes known in the trust.
To create the trust, I suggest she HIRE an attorney to and empower the attorney to make it happen.

She could place you (and others on the deed to the home), eliminating th epossibility fo the home passing to undesirable parties.

There are many other options available to her.

Again, i suggest she speak to an attorney of her choice to discuss the options and choose one bets suited to her needs.

None of that changes the fact that you have no more ability to do anything with your mother's money than does the man she might someday marry.

 

[zddoodah]

My question is if she dies before her spouse he will inherit the home according to CA law.

This isn't a question. It also is a gross misstatement of California law.

Is there a way to override that law with an agreement so that the house remains to my mother's heirs (her 3 kids) since she will be using all her money to buy a $400,000 home.

For starters, if she owned the Nevada home before the marriage (and assuming she used no community property to pay for or maintain the property after the marriage), then it is her separate property. Likewise, if she sells it, the proceeds of the sale will be her separate property. If she then uses those proceeds to buy a new home and titles that new home in her name only (and then uses no community property funds to pay for or maintain the property), that new home will be her separate property, which she can pass to whomever she wants upon her death. How can she do that? Either with a will or a trust (among other options).

Of course, you wrote that the Nevada home is worth $350k and that she intends to buy a $400k home, so that begs the question where the additional $50k is coming from and whether it is separate or community property.

if he for example gets alzheimers or needs to be moved into an elder care facility, he and his heirs will make the decision about how to use the proceeds of the home.

I'm at a loss to understand why you think this might be true.

I strongly suggest that your mother consult with a local estate planning attorney.