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Does my estranged husband have claim to my inheritance?
Anonymous6 views3 answers
My husband and I were married in MA 17 years ago and have been separated for 1 year. I'm an only child and my mother is very ill. I will inherit her home, stocks, bonds, etc. when she passes. Is my estranged husband entitled to a share of my inheritance?
Cecil S. HarvellProbate AttorneyMorehead City, NC ·
Yes I would be very careful. I would first of all get a separation agreement if you can. if you cannot, move very slowly and document very clearly that the assets are inheritance and keep them isolated, separate and distinct from your assets. Could a lawyer hold them in trust for you until a separation can be obtained?
Inheritance, like gifts, are generally not considered marital property and unless comingled with joint assets, it is unlikely that your husband would be able to gain access to it. Make sure that any inheritance you receive is kept separate from your marital assets in a seperate account, if titled in your name only. You proabbly ought to seek advice from a divorce attorney in your jurisdiction even if you are not ready to go through the divorce process. They will be able to tell you how to best protect that inheritance.
