Can a spouse be awarded half of the other spouse's inheritance?

Answer 1

No. Inheritances even in community property states are considered solely owned by a spouse. In some states (not all) the court will allow a "trade off" of some marital assets in lieu of the inheritance to make the partitioning of marital property equitable. An inheritance always belongs solely to the beneficiary regardless of the status of a marriage or relationship, (traditional, common law, partnership etc). This is a link to only one state law (Pennsylvania) concerning inheritances and marital property. To supply a link for all 50 states would be redundant because the same premise applies to them all. http://www.familylawlibrary.net/page7.html In most states if a gift or inheritance is deposited in a joint account, then it's considered a gift to the marriage and becomes a marital asset. If the gift or inheritance went into (and stayed in) an account held in one spouse's name, then it's a non-marital asset. Implicit in the following article is that if you wish to keep an inheritance away from your spouse, you must deposit it in an account that is not jointly owned: http://moneycentral.msn.com/content/CollegeandFamily/Loveandmoney/P72670.asp Generally speaking, once you commingle separate property with community or marital property, it's no longer non-marital property.

Answer 2

No. Generally, a divorce decree severs any legal rights either party had to the others estate. Divorce is the termination of the marital relationship between a legally married couple. Once the decree has been issued neither has any legal relationship with the other outside of the provisions set forth in the decree. A divorce decree specifically severs any right to inheritance in the estate of the ex-spouse. As for property inherited by the former spouse either before or after the divorce, you would have no more right to it than to your neighbor's inheritance from their parent.

As always, you should check with the attorney who represented you in your divorce who is familiar with your particular situation.

Answer 3

Almost certainly not, but check your state's laws. If you mixed up the money in the house and bank accounts, it is going to be tough. If you kept it separate, it should be pretty clean. Again, this can vary state to state.

Answer 4

Not that I've heard of. If the person giving the inheritance decides to give you some, and the spouse agrees, then one might have a chance of getting some money.

Answer 5

Generally, no. The inheritance is the property of the husband.

Answer 6

No, they are an ex-spouse. You no longer have any relationship with the spouse or their family.

Answer 7

Most inheritance remains separate property. However, you need to direct that question to an attorney specializes in divorce who who is familiar with your situation and the laws in your state.

Answer 8

No. The inheritance belongs to the husband.