Is an inheritance part of joint community property?

If my wife and I would die and leave an inheritance to my daughter, would this be considered community property if they were to get divorced? Or if it was given to her in her name only at TOD, would this be hers and not community property?

Asked on June 6, 2016 under Family Law, Minnesota


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

Answered 4 years ago | Contributor

In a community property state, an inheritance is separate property if the following are true:
1. One spouse is the intended beneficiary/heir;
2. The gift or inheritance is not commingled (i.e. the inheritance money can be traced and identified);
3. The beneficiary/heir and their spouse never sign any documents explicitly changing the legal character of the inheritance from separate to community property.
At this point, you may want to consult directly with an attorney who practices in the state in question; they can best advise you further.

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