Can Your Spouse Claim a Share of an Inheritance During a Divorce
My question involves estate proceedings in the state of: Texas
I filed for a divorce in Ma.during that time my Father passes away suddenly in Texas he has some money in the bank and an IRA there is no will I am going through probate
to gain access to the account.Can my wife receive any money form this that i will gain?
any input advice is appreciated
Re: Dad Passes Away During My Divorce
I thinkmyou may need to rephrase the question and discuss it with your divorce counsel in MA
MA is a bit quirky as to what is subject to be counted in equitable distribution ..and the MA courts may have considerable discretion as to the division date and what is in the pot as of division date ..including inherited assets.
Re: Dad Passes Away During My Divorce
Quote:
Quoting
HRinDEVON
I thinkmyou may need to rephrase the question and discuss it with your divorce counsel in MA
MA is a bit quirky as to what is subject to be counted in equitable distribution ..and the MA courts may have considerable discretion as to the division date and what is in the pot as of division date ..including inherited assets.
I will agree that the OP needs to consult an attorney, but I can guarantee that MA does not considered inherited assets to be marital property unless they are comingled, and obviously they are not going to be comingled if there is already a divorce in process.
However, inherited assets could possibly effect alimony or child support to the extent that inherited assets provide income, and to the extent that parties choose not to work due to inherited assets.
Re: Dad Passes Away During My Divorce
That guarantee might come up short in MA....get your MA divorce lawer to address your specifics.
Re: Dad Passes Away During My Divorce
Here is the seminal case in MA on the subject. There are no set rules adopted by the court on inheritance or gifts. It all depends on the circumstances.