Does my wife have any access to my inheritance during a divorce? How? 14 Answers as of June 26, 2015

I am getting a divorce and I lost my mom at the first of the month. Does my soon to be ex have access to any inheritance I may get?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I don't think the key concern is her having or lacking access to the inheritance. It is whether she has any rights to it. The answer is most places is that an inheritance is separate or individual property. So it belongs to you. There are some very rare exceptions, but that is the general rule. If you have not retained an experienced family law attorney, today would be a good time to find one.
Answer Applies to: Wisconsin
Replied: 6/26/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Generally not .. if you do not co-mingle your inheritance with your marital assets SO.. keep all funds from your mom's estate separate until you are divorced.
Answer Applies to: Michigan
Replied: 6/26/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Inheritance is presumptively separate property. If you have a lawyer, discuss with them.
Answer Applies to: California
Replied: 6/26/2015
John Russo | John Russo
In most jurisdictions NO, but that's also up to you i.e., in how you handle the distribution.
Answer Applies to: Rhode Island
Replied: 6/25/2015
Law Office of Darin Kanfer | Darin J. Kanfer
The general rule is she does not if the money received is not part of a marital estate.
Answer Applies to: Michigan
Replied: 6/25/2015
    Diane l. Berger | Diane L. Berger
    Any inheritance is yours alone so long as you don't mingle it with joint property.
    Answer Applies to: Nebraska
    Replied: 6/25/2015
    Law Office of John G. Galasso | John George Galasso
    No; They are not considered marital assets.
    Answer Applies to: Ohio
    Replied: 6/25/2015
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Generally, any inheritance is yours and yours solely, as long as it has not been comingled or placed into a joint account, which is typically the only way she would have access anyway. You need to speak with an attorney.
    Answer Applies to: Florida
    Replied: 6/25/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    As long as it isn't placed in a joint account she has no access and no right to it.
    Answer Applies to: New York
    Replied: 6/25/2015
    Ezim Law Firm | Dean Esposito
    No she does not, it is your separate property. However, you should not commingle it with community property as you may lose it. For instance, if you inherit money, do not put it in a community bank account.
    Answer Applies to: Louisiana
    Replied: 6/25/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Unless your mother specifically left any of her property to your wife, you are entitled to receive as your sole and separate property an inheritance while married as well as any gifts. Please be certain to keep any of this property separate and not commingled with community resources.
    Answer Applies to: California
    Replied: 6/25/2015
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