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Is a wife entitled to any of her husband's inheritance if they divorce?

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βˆ™ 2006-08-26 15:37:57

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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.

2006-08-26 15:37:57
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