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-   -   Intitled to inheritance in a divorce? (https://www.askmehelpdesk.com/showthread.php?t=49155)

  • Dec 17, 2006, 06:52 PM
    CBM
    Intitled to inheritance in a divorce?
    Could the spouse be intitled to half of a inheritance estate that is due the other party in the near future after 20 year of marriage.
    CB
  • Dec 21, 2006, 08:35 PM
    s_cianci
    If still legally married when the estate in question is liquidated then possibly. Speak with an attorney to be sure.
  • Dec 21, 2006, 08:42 PM
    Fr_Chuck
    Is the estate already in probate, is the person even dead yet ?

    If the person is dead and the estate is just not finished with probate, then it is that persons money due basically and your attorney should know about it, to see if your state or nations law allows you to have a share in it.

    If of course the person is not dead yet but is merely expected to die shortly, then no the money is not thiers yet
  • Dec 23, 2006, 07:19 PM
    calawmom
    Quote:

    Originally Posted by CBM
    Could the spouse be intitled to half of a inheritance estate that is due the other party in the near future after 20 year of marriage.
    CB

    Wow, legally this is a hugely complex issue. Generally, no. Inheritance is the property of the spouse who gets it. But, there are very complex factors which may change the general rule. In your area, there is probably a Legal Aid Society which could give you a low-cost or no cost consultation after hearing more about your facts. If you don't see anything in the phone book, call the county bar association and ask them.
    Happy Holidays!
  • Dec 24, 2006, 09:22 PM
    samsclub
    I live in Texas. When I got my divorce my "inheritance" was mine. I got it all back out of the divorce. It was not community property. You can call a lawyer and see which one will give you free advice over the phone to find out. It might depend on what state you live in.
  • Dec 28, 2006, 07:31 PM
    penchie
    Quote:

    Originally Posted by CBM
    Could the spouse be intitled to half of a inheritance estate that is due the other party in the near future after 20 year of marriage.
    CB

    I live in Indiana, my son (separated) in California. Will his wife be entitled to monies inherited by my son even they are separated for three years?

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