Maybe not half, but a portion of the inheritance is. I have an aquaintance who's wife inherited 3 million from her parents. He abruptly moved her to Tennessee when he found out she had stage four lung cancer. Even tho she had a will leaving the 3 million to her sister, and the rest of her estate to her husband (community property) he still got 1 million of the inheritance on top of all the community property. So he got an extra million. That's the wonderful Tennesse state inhertance laws. But only if you are a selfish controlling money hungry spouse. The funny part is that Tennessee changed the law from husband to spouse only a few years ago. In the past the husband got the wifes inhertance but if the husband died she didn't. At the funeral, I over heard a "good ol boy" attorney friend of his asking, "did she die in Tennessee?, did she die in Tennessee?" He said "Yeah", and the attorney told him, "I taught you well son".
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.
No. He or she would not have been a direct beneficiary unless he or she were named in the will regardless of the status of the marriage. Even in community property states an inheritance is exempt from CP marital laws.
It would depend on who they are jointly owned with. If a spouse, no. Anyone else, yes but only half.
No. Your spouse has no right to your parent's estate. Following that, your spouse has no right to any property that you inherit at the time of your inheritance. If you are concerned about protecting your inheritance from any future claims in any future divorce action you should consult with an attorney now for advice on how to protect it from any future claims.
You, and his descendants, should inherit his estate. His estate includes the inheritance from his parents. There should be no argument about it. Contact a knowledgable probate attorney for assistance.
No. A spouse has no legal right to half of an inheritance. In a divorce proceeding the division of property depends on the judge and the laws in your jurisdiction. You need to consult with an attorney in your jurisdiction who can review your situation and explain your options.
No not automatically, the share of ownership would depend upon the amount of equity earned over time in a lot of cases.
By Genes, half from the mother and half from the father.
Half and half.
Typically your spouse will be entitled to at least half the estate, even if the will says otherwise.
It depends on the law of your state. In Texas, all property is presumed to be community property, unless you can show by clear and convincing evidence that it is separate. An inheritance is separate property. A spouse cannot be divested of separate property in a divorce. (It can be tapped to pay child support, however.)
Yes. in the state I live in.