Do I have a claim to my wife’s inheritance?

Question: I have been supporting my family for 26 years. I’m currently facing bankruptcy, foreclosure, and a pending divorce. The question is timing.

My wife will be coming into a sizeable inheritance soon and that along with home equity were to be part of my retirement.

Could I have a claim to the inheritance?

 

Answer:

First, let me state that I am not licensed in Florida, although Cordell & Cordell, P.C. has attorneys who are licensed in Florida that would be happy to discuss your case with you.

The classification of an inheritance as marital property will vary from state to state based upon that states dissolution of marriage laws. Most states consider inheritances and gifts to be an individuals separate and individual property, regardless of when it was received. However, it is usually up to the spouse receiving this property to prove the inheritance or gift.

 

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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