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In many jurisdictions there is a concept called "non-marital property" meaning that if property comes to you by inheritance, then unless you do something that gives your spouse some "equities" or rights in it, no, it does not have to be "shared" and can remain yours alone.

In some jurisdictions that concept has been outmoded, or has very weak rules about what it means to do something that gives your spouse rights in the property, and everything is fair game. If you're not sure it's time to check out your state's laws or ask a lawyer who knows or can research the laws of the state that will govern your rights in the property and what you can and can not do with it without jeopardizing your separate rights in it.

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15y ago

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Related Questions

Is my spouse entitled to inheritance I received from my parents in California?

Most assets acquired during a marriage in California are considered shared property between you and your spouse, but inheritance is an exception. If you receive inheritance while you are married, your spouse does not have any right to that money as long as you keep it separate from your spouse and your shared property.


Do you have to share your inheritance with your spouse?

Whether you have to share your inheritance with your spouse depends on the laws of your state or country and how the inheritance is classified. In many jurisdictions, inheritances received by one spouse are considered separate property and do not have to be shared. However, if the inheritance is commingled with marital assets or used for joint purposes, it may become subject to division. It's advisable to consult a legal expert to understand the specific implications in your situation.


Is the spouse entitled to an inheritance the other spouse receives in New York?

Not directly. The spouse that receives the inheritance can determine what is done with that inheritance. There is no automatic right for the other spouse to receive any of it.


Who will get the inheritance if I do not make a will?

If the individual was married than their spouse will receive the inheritance. If there is no spouse, then the children is next in line, followed by grandchildren.


Is a spouse in a community property state entitled to a share of spouse's inheritance?

NO.NO.NO.NO.


What rights does a spouse have in a mother in laws inheritance?

A spouse does not have any right to a mother in laws inheritance unless they are named specifically in the ill. You could contest the will with an attorney but you probably wouldn't win.


Can a wife receive part of her hubands inheritance?

It depends on the laws of the jurisdiction in which the inheritance is received. In some places, a surviving spouse may be entitled to a portion of their deceased spouse's estate, including inheritance assets. It is best to consult with a legal professional for guidance on this matter.


Does your husband have rights to your inheritance from your mom?

This depends on many factors. First and foremost are you in a community property state? Did the inheritance pass through a will or a trust? I would suggest you talk to an estate attorney. However, in most cases once you receive the inheritance into your estate as a married couple it becomes the property of both spouses. Therefore, they may have a right to half of the inheritance. Also if you have been married for a set period of time as designated by your state then they too may have a right to half of the inheritance. Once the inheritance was removed from your mother's estate in no longer was your mother's property, but was added to your estate. Being married give your spouse the right to marital assets of which this became when your mother's estate was settled and you received your inheritance.


In North Carolina is a spouse entitled to a portion of the other spouse's inheritance?

In general, no. First, North Carolina is not a community property state. Second, in general, inheritance remains separate property, even in community property states, unless the inheriting spouse commingles the assets (mixes the inheritance in with community assets; for example, deposits the money into a joint checking account).


Who is first in line for inheritance a deceased child's spouse or their children?

It depends on how the will was written.


Is it automatic that the spouse receives inheritance from in--laws?

The question is vague, but to the extent I can decipher it, no.


Is a husband entitled to inheritance even though not named in a will when it was predetermined they would keep their estates separate and the children would get everything?

Typically a spouse is entitled to a portion of the deceased's inheritance if no other intentions are stated. However, if there is a will in place that declares that the children are sole inheritors, the spouse would not receive inheritance.

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