Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2015
    Posts
    1

    Default 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

  2. #2
    Join Date
    Jun 2015
    Posts
    988

    Default 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.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Dad Passes Away During My Divorce

    Quote Quoting HRinDEVON
    View Post
    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.

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Dad Passes Away During My Divorce

    That guarantee might come up short in MA....get your MA divorce lawer to address your specifics.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Giving Up a Share of a Time Share Awarded in Divorce
    By maw56 in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 01-19-2015, 04:28 PM
  2. Heirs and Beneficiaries: Inheritance of a Time Share
    By Technopimp in forum Estate Planning, Administration and Probate
    Replies: 8
    Last Post: 05-02-2014, 10:24 PM
  3. Property Division: Can You Claim a Portion of Your Spouse's Worker's Compensation Settlement in Divorce
    By Elizabeth32 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 03-31-2014, 10:32 AM
  4. Property Division: Does Your Spouse Get a Share of a Pension That Had Not Vested When Divorce Was Filed
    By moredman in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 10-05-2013, 04:02 PM
  5. Property Division: Divorce Award Of Timeshare - Ex-Spouse Unwilling To Sign Quit Claim
    By jlyandco in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 06-14-2008, 09:53 AM
 
 
Sponsored Links

Legal Help, Information and Resources