What If I Inherit Money, Property, a Business?

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A Prenup Can Ensure Your Inheritance Remains Separate Property

Under California law, anything you inherit is yours and yours alone. Inherited property is separate property, not community property. But, depending on how you use or manage the inheritance, it could become community property.

How can you keep inherited property as separate property? At Stolar & Associates, an attorney can explain the law and draft a prenuptial agreement that will protect your inherited property.

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A Prenuptial Agreement Can Protect Inherited Property.

When parents, grandparents or others will property to an heir, they often intend for that property to remain in the family. They may be concerned that a divorce will split the property or cause it to be liquidated. Splitting a family business or real estate can affect the value or even, in the case of a business, end the business.

  • When inherited property is comingled with marital property, the other spouse can argue that the property has become community property and may ask for reimbursement or a percentage ownership. A prenup can define which property is separate and establish guidelines for keeping it separate.
  • A premarital contract lawyer can negotiate an agreement about the use of marital funds or services to pay for, enhance or manage inherited property.
  • A prenuptial agreement can protect inherited property from being borrowed by, transferred to or used as collateral by the other spouse.

A prenuptial agreement can bring peace of mind to a family concerned about leaving an inheritance to an heir. The prenup can provide assurance the property will stay in the family. At Stolar & Associates, we bring in-depth knowledge of business and finance to every prenuptial agreement we draft.

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Call a Lawyer for a Free Consultation about Inherited Property.

When it is important to protect the ownership of a family business, property or money, depend on an experienced attorney to negotiate and draft a prenup that protects the family’s interests and addresses their concerns. Call 310.288.1828 or send us an e-mail.

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