Am I entitled to any of my wife’s inheritance?

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Am I entitled to any of my wife’s inheritance?

My wife recently lost her mother and is the trustee for her estate. She has been spending money lately, over 115K in the past 8 weeks and now says she wants a divorce. We’ve been together for 6 years and married for 14 months.

Asked on December 6, 2013 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

IF your wife passes away while you are still married, you would inherit part of her (your wife's) estate--which would presumably include her inheritance. However, you ONLY inherit from someone when they pass away; thus, if your wife and you divorce before she passes, you would not inherit, unless her will specifically still left something to you. On the other hand, in a divorce, her total assets and income (including her inheritance)--and your total assets and income--will be considering in dividing assets, determing support, etc.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country one's separate property such as that received as a gift or as an inheritance is not subject to the claims of the spouse. As such you have no legal claim to your wife's inheritance from her mother.


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