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Inheritance/Divorce

Posted by on Jul. 2, 2014 at 2:12 AM
  • 23 Replies

So, if I have already requested a start to divorce while my father is still alive, yet, I believe my father's days are seriously numbered...Is there a way I can make sure that my soon-to-be-ex does NOt get any of my inheritance?


by on Jul. 2, 2014 at 2:12 AM
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ready4happiness
by Bronze Member on Jul. 2, 2014 at 2:30 AM
I would contact a lawyer for a free consultation. If you already filed divorce papers he may not be entitled. But, on the either hand. That inhaler acne does not have his name on it. So it should not include him. I wish you luck and I'm sorry for your future loss.
mommyecr3
by Member on Jul. 2, 2014 at 2:38 AM


Thank you
Quoting ready4happiness: I would contact a lawyer for a free consultation. If you already filed divorce papers he may not be entitled. But, on the either hand. That inhaler acne does not have his name on it. So it should not include him. I wish you luck and I'm sorry for your future loss.


ready4happiness
by Bronze Member on Jul. 2, 2014 at 2:44 AM
1 mom liked this
Sorry. On phone and darn spell check

Quoting mommyecr3:

Thank you
Quoting ready4happiness: I would contact a lawyer for a free consultation. If you already filed divorce papers he may not be entitled. But, on the either hand. That inhaler acne does not have his name on it. So it should not include him. I wish you luck and I'm sorry for your future loss.

ff-princess
by Bronze Member on Jul. 2, 2014 at 5:38 AM
4 moms liked this

I'll second the "contact a lawyer" advice.  in some states, inheritances are not considered marital or joint property unless left to both parties.

offrdngal
by Bronze Member on Jul. 2, 2014 at 7:11 AM
1 mom liked this

 Contact an attorney.  I believe that once you have legally filed for divorce/legal separation any debt or monies earned are separate entities.  You are responsible for your debts and he is responsible for his debts.  you inheritance will be solely yours. 

Side note...when your dad passes away (and I am sorry that he is so close), the estate will not settle, for months.  Your divorce will more than likely be done before you even get an idea of what your inheritance will be.

YNot4ever
by New Member on Jul. 2, 2014 at 9:28 AM

A lot would likely depend on the state.  Typically once the divorce papers have been filed, any earned monies from each party of separate.  Inheritance typically is considered to go to the person listed in the will.  Checking with a lawyer would be a good idea and make sure your divorce petition covers your assets or soon to be assets.  


Sorry to hear about your father... 

whitelotus707
by on Jul. 2, 2014 at 9:51 AM

Contact a lawyer for sure, but I am pretty certain he can't touch YOUR inheritance because it's exactly that...YOURS! :) Good luck.

LClark1973
by Member on Jul. 2, 2014 at 10:23 AM
1 mom liked this

http://www.avvo.com/legal-answers/is-an-inheritance-received-by-one-spouse-community-5319.html

I do believe that inheritence is sole property unless commingled with community assets. Put into a joint account it becomes community property. I would consult with a lawyer just in case.

SnapIt
by Member on Jul. 2, 2014 at 10:31 AM
Lawyer up of course, but if you file and going through motions of splitting assets, i believe he wouldnt be entitled.

Right now daddy is with us and there is nothing for stbx to count on at this moment.
Does he know if you are going to get anything from your dad?
You can speak to your dad or the person in charge of his will and tell them your situation.
Maybe they can put a hold or reword dads will stating something about stbx not being entitled to the inheritance.
You might be able to work something out while dads still here.
Is he alert and able to change his will?

Melissa_4
by Member on Jul. 2, 2014 at 3:54 PM

It depends on what state you live in.  In NJ, inheritance is not subject to equitable distribution.  Each state is different.  If something happens to your father, don't take your inheritence until the divorce is finalized.  Considering that estates can take anywhere from a year to several years to be distributed and settled, that should not be much of an issue.

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