If you leave your will to a relative who is married does spouse entitled to inheritance?

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If you leave your will to a relative who is married does spouse entitled to inheritance?

Considered leaving everything-, real personal property-to a niece. Shes
married. Would her spouse be legal entitled to half?

Asked on August 16, 2019 under Estate Planning, Texas

Answers:

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

Answered 2 years ago | Contributor

In either a community or equitable distribution state, an inheritance is consdiered to be the sole and seperate property of the spouse who inherited it. It does not become an asset of the marital estate. That having been said, the inheriting spouse should not use marital funds for the maintenance, repair, etc. of the property inherited.


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