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  • Mark S. Drobny, a Sacramento attorney, answers questions on estates. © Sirlin

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    Cynthia S. Meyers, a certified financial planner, deals with money management challenges.

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Ask the Experts: Is an inheritance community property?

Published: Wednesday, Jul. 1, 2009 - 12:00 am | Page 9B

This week, our "Ask the Experts" financial team tackles questions on divorce, attorneys' fees and college savings.

To see more money-management advice – or to post your own questions – on taxes, investing, wills/estate and personal finance, go to: www.sacbee.com/ask.

Several years ago, I inherited a significant amount from my mother. My husband recently filed for divorce and claims he is entitled to half of my inheritance. Is this true?

Under California law, any property acquired by gift or inheritance is that spouse's sole and separate property. Community property is anything earned through the fruits of either spouse's labor during the marriage.

With that said, separate property can become community property if it's commingled, such as being deposited into a joint account.

If you have kept your inherited funds in a separately titled account, your husband has no right to any portion of it.

On the other hand, the income you receive from these funds may have some impact on your future obligations for spousal or child support. Retain an experienced family law attorney to advise you.

My husband and I created a living trust three years ago. Recently, we elected to make what we thought was a simple change to the trust regarding distribution to our children. We were quoted a price over the phone but were billed twice the amount. Can we make changes using a different attorney?

Whether it is car repairs, legal advice or any other service, you have a right to insist on a written estimate before those services are performed.

In California, the state and county bar associations have fee arbitration panels to resolve disputes.

With that said, most reputable estate planning attorneys will make routine amendments to a living trust at no charge.

When hiring an attorney to draw up a trust, consumers should ask upfront what services are included for a flat fee. It should include:

• Initial consultation with an experienced estate planning attorney, not a paralegal.

• Advance copies of draft documents for the living trust, will, durable powers of attorney, advance health care directives and community property agreement, etc.

• Review and execution of above documents with the attorney, not a paralegal.

• Preparation and processing of asset transfer documents to verify that real property, securities, mutual funds, life insurance, retirement accounts, 401(k)s, etc. are properly funded into your trust;

• Annual review and routine amendments with no annual maintenance fee.

You are not obligated to return to the attorney who drafted your documents. You are free to go to any attorney you choose, as is your trust's executor upon your death when the estate is administered.

I am a 38-year-old man with two young children and need a financial plan for their college tuition. What is my best option?

One of the more popular options is the 529 college savings plan, which allows nondeductible contributions to be invested for higher education costs for a designated beneficiary. Most states sponsor them, using an investment or mutual fund company to provide investing choices. In some states, 529 plan contributions are tax-deductible, but not in California. Therefore, consider a state plan that offers attractive investment options along with low costs. You don't need to limit yourself to your state of residence.

An individual may contribute up to $13,000 per year to a 529 without paying federal gift taxes. Upon withdrawal, there is no federal income tax on the earnings if the account is used for qualified higher education expenses. Carefully review the 529 plan for details on contributions and tax consequences.

– Compiled by Claudia Buck


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