Does a spouse have the right to share in an inheritance when they file for divorce? Do states differ?

Question

For example, my mother died with land to be divided with 4 of her children. Does the brothers wife get part of his inheritance if they divorce?

Answer 1

Check with an attorney in your state.

Answer 2

Not typically, but it could. Especially if the children decide to sell off the land or buy each other out. If that happens, that money would be counted as marital assets. I've seen it happen both ways. Sometimes the spouse becomes bitter and greedy and demands half of EVERYTHING...including what is not morally hers. Unfortunately, morals play a very small part when it comes to the law. There are also other instances where the couple has not been married long, and things are inherited but as long as the husband's name is the beneficiary, then the wife won't get a dime. Like I said, this could go either way depending on how greedy the soon to be ex is. If the divorce hasn't been filed yet, there is also another way to protect his share of the land. Have him keep his share in another sibling's name until the divorce is done and over with....that way it is clearly not a marital asset. And if it comes in to question, those documents are going to be hard for her to obtain since she is not an immediate family member...and if she does get her dirty little hands on them, he can always say that he gave his share to keep the land in teh family....I've seen that work ALOT! It's easier to hide assets than you would think, you just have to be creative, make sure there is no paperwork on it that is documented, other than the transfer of his share to the other sibling, dot every "I" and cross every "T" and he should be just fine. Not advice lawyers like to give out, but I gave up law to do social work and sometimes it's better to share what you know than to sit back and watch the good guys get the short end of the stick all the time. I hope it works out for him and I"m sorry about the loss of your mother.

Answer 3

It is possible and a lot depends on the state and what is written in the divorce decree.

He needs to contact the lawyer that he used in the divorce case and find out just what is and what is not.

He should have a copy of the decree and needs to read it very carefully. Those words like and, or, but and such are the tricky words so he needs to pay very close attention to them.

Too may get divorced and do not really understand what they have done.

It is quite likely that she x would have no claim on the property at all. If there are children involved then they will have a claim after the fact.

Answer 4

HI WANT, I'm going through a divorce right now. My dad has make out a will and is leaving revenue to me and my 2 brother.He wants me to have his house. My dad has been ill for along time.I have move in with him,so i can take care of him.My X to be stated he would get half of what i get. I live in California and no way in HELL is he going to get half of what i inheritance.Besides that my dad is with the living. Divorces can really get dirty and i was surprise how he acted in court.Don't be surprise in anything your X to be does in court. Their dirty and liers. A Friend.

Clowmy

Answer 5

in the state of Georgia inheritances are not marital assets and they cannot be granted to the spouse.check with your local bar association for your states requirements

Answer 6

No. The inhertitance is yours. Keep track of where the inheritance is and do not buy real estate with your partner using this money or it will become half of theirs.