Can my wife exclude me in her Will from the property that she inherits from her father?

UPDATED: Aug 22, 2011

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Can my wife exclude me in her Will from the property that she inherits from her father?

Her father is her only surviving parent. She wants to state in her Will that I will not inherit this property from her in the event that she precedes me in death. We have both worked over 30 years and both have 401k’s. However, I have asked her year in and year out to make the max contribution to her 401k and she never has. I feel cheated that she didn’t make the max contributions because she knew that she would be inheriting this property from her father.

Asked on August 22, 2011 Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your wife inherits property from her father or anyon else, her receipt of the property is as a gift. When a person received a gift under all laws of the states of this country, it is not an asset of the marriage or community property unless the person who receives it changes its character by making it an asset of the marriage.

If your wife inherits property from her father, she can do whatever she wishes to do with it as her separate property including excluding a gift of it in her will to you should she pass away before you do. Unfortunately for you, she can gift away her own separate property to your exclusion. whether you like it or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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