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    sloper65's Avatar
    sloper65 Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 13, 2011, 05:10 PM
    Wife filed for divorce 2 months ago, my Aunt Died leaving me 10k in her will
    Can she get her hands on it
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 13, 2011, 05:15 PM
    Typically inheritances are not part of community property in the case of a divorce in the USA.

    Since you didn't say where you are from, it would help to know.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #3

    Sep 13, 2011, 05:17 PM
    Its not likely. What state is this happening in. Most states hold inhieritance as separate property and in some states like California when you file your also filing separation at the same time so your actually 2 separate entities until the divorce anyway.
    sloper65's Avatar
    sloper65 Posts: 2, Reputation: 1
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    #4

    Sep 13, 2011, 05:21 PM
    I am sorry, Buffalo NY area. She filed July 1st with the courts and My aunt just passed last week.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Sep 13, 2011, 05:35 PM
    First off welcome to AMHD. Second, sorry for your aunts passing.

    Since your located in New York then your safe as far as the money goes. Quote:

    Separate Property
    •Property acquired before marriage
    •Property acquired as inheritance, or gifts from a person other than the spouse
    •Personal injury compensation
    •Property acquired in exchange for or the increase in value of separate property
    •Property considered separate according to a written agreement between the spouses


    Ref:

    New York Equitable Distribution Attorney | Brooklyn, New York Divorce Lawyer

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