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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.

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14y ago

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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.


If father remarried but has children from a previous marriage who is entitled to inherit under Idaho law?

It will depend partially on the will. If the new spouse is not mentioned, she may be able to elect to take against the will. If there is no law, it will probably be split in half, half going to the spouse and half going to the children. Consult an attorney to protect your rights.


Does your spouse get half of your inheritance if yall get divorced?

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.)


If your deceased father was never divorced although separated for more than thirty years is she still entitled to half of his estate?

The person to whom you referred is his widow and generally a widow is entitled to a portion of her husband's estate under most state laws. You can check the laws of intestacy at the related question link provided below. His widow would be referred to as the surviving spouse under state laws of intestacy.


What is an inheritance tax waiver?

An inheritance tax waiver is required by brokers in order to transfer stock ownership of a deceased person from his/her name into the new account which contains her/his estate assets. It is issued by the states, and is not required in all states. I do not know its purpose. An inheritance tax waiver is a document issued by the taxing authority like a state in order to prove that all inheritance taxes have been paid. In New Jersey it is used this way. If the estate has to pay inheritance taxes, it may withdraw up to half of the date of death balances of the decedent's bank accounts and deposit those monies into the estate account. The other half is frozen in order to ensure that the inheritance taxes are paid. After the inheritance tax return is filed and the state is satisfied that it is accurate and that all inheritance taxes are paid, it issues documents called tax waivers. Each waiver will identify one or another of the decedent's bank account by name of bank, account number and date of death balance. The executor takes the tax waiver to the bank and if all the information matches properly, the bank releases the half that had been frozen. No one gets that second half until the tax waivers are issued by the state.

Related Questions

Is your spouse entitled to half of your estate?

Typically your spouse will be entitled to at least half the estate, even if the will says otherwise.


If a spouse's parents die and the spouse gets a divorce before the estate is settled is the non-related spouse entitled to half of the 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.


What is the other spouse is intieled to?

A spouse is entitled to half of all assets in a marriage. The only way around this is to sign a prenuptial agreement before getting married.


Is your spouse entitled to your 401k after the divorce?

They are entitled to half of your 401k assets.


Is my spouse entitled to military retirement benefits if we've been married 8 years in Texas?

Yes. Texas is a community property state, therefore your spouse is entitled to half of the retirement you earned during marriage if you are divorcing in Texas.


Am i entitled to any or half of my husbands inheritance?

I don't known


What if the house was purchased before you were married are you entitled to half of the house?

In what circumstances? If the spouse dies? If there is a divorce? The laws vary from state to state and based on the situation.


Is a spouse entitled to half your retirement if you not been married ten years?

Every state will have different laws. Without more information this questions cannot be answered accurately.


If you are married at the time of your parents death will your husband be entitlted to half of your inheritance in Ohio?

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.


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.


If you own a house with your spouse and are in the process of getting divorced and the house sold before the divorce do you still split the proceeds?

If both of you signed the deed to the house you are entitled to half. However if your spouse owned the house before you were married it belongs to him.


If you left your spouse one and half years ago in the middle of the night and never made contact with him again and he passed away recently do you have survivorship rights to his land?

only if your married still if you are divorced then of course not but if not your still technichally entitled for that only if your married still if you are divorced then of course not but if not your still technichally entitled for that