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    northend1944's Avatar
    northend1944 Posts: 1, Reputation: 1
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    #1

    Oct 8, 2013, 01:34 AM
    Inheritance after a divorce
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    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's Avatar
    catonsville Posts: 894, Reputation: 91
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    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 8, 2013, 09:28 AM
    Quote Originally Posted by catonsville View Post
    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.

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