Am I entitled to any of my estranged husband’s inheritance?

Have been seperated for 3 months after marriage of 37 years. My father-in-law passed away a few weeks ago. My husband will be recieving an inheritence.

Asked on January 16, 2013 under Family Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Money received from inheritance (or a gift or bequest) is considered to be separate property, ot marital property. If your husband keeps it seperate and does not commingle it with other joint assets or funds, it should remain defined as seperate.

In certains cases, a court can order that seperate assets go the the other spouse, however, there generally has to be extenuating circumstances for the court to do so. At this point, you should consult with a divorce attorney in your area to see if there are any facts in your case that would make the court want to award your husband's separate funds (or any part thereof) to you. 

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