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

UPDATED: Jan 16, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 10 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. 

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption