Community Property and Separate Property

Dear Len & Rosie,

I have been married to my husband for ten years, but we lived together for at thirteen years before marrying. My husband has children and grandchildren from a previous marriage. He has all of his financial accounts in his name only, and our home is in a trust in his name only. He refuses to add my name to the deed. The trust is revocable, but I will get to "use" the home until I die, and then his heirs inherit. Under the circumstances, is any of his property community property? Or will I be left with nothing when he's no longer living? I wonder if I would be more secure divorced than married financially, since I worry that his children will contest any thing that my husband leaves me in a trust or will.

Susan

Medi-Cal and Asset Preservation

Dear Len & Rosie,

It looks like my mother needs nursing home care soon, probably in the next year. I asked a lawyer friend of mine if there's anything that can be done to protect my mother's home and her $200,000 in savings. He said he heard that it would take five years to qualify my mother for Medi-Cal benefits. But he also said he doesn't do elder law like you (he's into securities) so I should ask someone who works in the field. Is there anything my mother can do to protect her assets?

Kelli