Log in

View Full Version : Inheritance after a divorce


northend1944
Oct 8, 2013, 01:34 AM
My brother has been setarated from his wife for 10years ,they divorced in jan this year but he got a small inheritance in oct 2012 is his xwife entitled to any of it, please help

ScottGem
Oct 8, 2013, 03:12 AM
Any question on law needs to include your general locale as laws vary by area.

Also, was the separation legal, done through a court?

The likelihood is no, but without knowing more its impossible to be sure.

Fr_Chuck
Oct 8, 2013, 04:47 AM
I agree, was it a legal formal separation filed in the court, prior to divorce, or was it merely not living together.

Also was was separation formalized in divorce papers as to a certain date.

So they answer is maybe, it depends on where this was, different laws for different areas, and how they separated

AK lawyer
Oct 8, 2013, 05:03 AM
Did the wife know about the inheritance at the time of the divorce?

Because, asssuming she would have had some claim to a share of it, she can only move to modify the divorce now if she can prove that he hid it from her then.

catonsville
Oct 8, 2013, 08:36 AM
Question: If a person gets a Inheritance from his or her family are you saying that the spouse has a legal right to a part of it??

ScottGem
Oct 8, 2013, 09:28 AM
Question: If a person gets a Inheritance from his or her family are you saying that the spouse has a legal right to a part of it???

In some states, particularly Community Property states, they might.