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krfdallas
Oct 27, 2009, 09:17 AM
My husband and I live in Texas and my husband's father passed away, but lived in California. According to Texas law, when he receives his part of the inheritance, does that money only belong to him or does it become community property? Please let me know. Thank you.
AtlantaTaxExpert
Oct 27, 2009, 10:49 AM
This is a LEGAL question, not a tax question, that is best posted in the LAW forum.
Five Rings
Oct 27, 2009, 12:28 PM
An inheritance is not considered income and thus not exposed to tax law.

The beneficiary of the bequest is the sole owner.

Separate property. Generally, separate property is:
Property that you or your spouse owned separately before your marriage.

Money earned while domiciled in a noncommunity property state.

Property that you or your spouse received separately as a gift or inheritance during your marriage.

For more info on this subject see:
Publication 555 (5/2007), Community Property (http://www.irs.gov/publications/p555/ar02.html#d0e230)