Question about inheritance during divorce


#1

Normally, inheritance would be considered separate property unless it was specified given to the couple in a will.
From the sound of it though, had this happened immediately it would have been given to them both so I would say that this may be all in the timing…maybe the attorney could answer more accurately.
I would think that if they have separated, the money would be considered hers alone…


#2

Money received via an inheritance will generally be considered your sister’s separate property, unless there was a will that left the property to her and her spouse.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3

My sisters and I are finally settling our late father’s estate, after almost 9 years. There is property that we are getting ready to sell. After the bills are paid, we will be splitting what’s left…which will probably be around $10,000 a piece.

*Here is my question…my sister and her husband have contemplating divorce. She is worried that if this money comes in before the divorce, is she obligated to split this money with her husband(soon-to-be-ex)? We’re not sure if this would even be considered inheritance. We’re just worried that he’s going to get half of her share from the sell of our late father’s house. What would be the best plan of action to secure her assets?

Anyone with any helpful suggestions, please feel free to respond.

Leslie