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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7351
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My mom passed away, she bought a property while married to

Customer Question

My mom passed away, she bought a property while married to her second and last husband, he signed all rights to the property away in a quit claim form. The property burned down years later and his name was also listed on the insurance checks and they were deposited in a joint savings account and moved over time to her trust account which also was used as a checking account. Her surviving husband who she disinherited in her will and trust and has no part of the trust is claiming half of the insurance money is his as his name was on the insurance policy with hers and the money initially went into a joint account before moving into the trust account, and he claims to have helped pay the insurance premiums which make the insurance payments community property, she held the home for @ 6 years. Is he right or in signing the quit claim did he give up rights to the insurance monies for the property?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

I agree with the attorney who says he has no case. Once the money left the joint account and was place in a separate trust account in your mother's name it became her property exclusive of community property. Who paid insurance premiums is irrelevant. After the insurance money has been paid out, it loses it's characteristic as "insurance" and it just becomes ordinary money.

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