Is my inheritance protected by being separated, or do I have to be fully divorced?

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if I'm only separated (not yet divorced) from spouse, and my parent passes away, is my spouse entitled to 1/2 my inheritance, or is it protected by my being separated?

Attorney Answers

3
Steven Fink ·
An inheritance is your sole and separate property, even if you are fully married. As long as you keep it separate from property you and your spouse own you should not have a problem. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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Henry Daniel LivelyTax LawyerNewport Beach, CA ·
Your inheritance is your sole and separate property. However, it could be used in support calculations. Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.
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Shaun Jamison ·
As noted by other attorneys, the inheritance is yours. Do be careful to keep it separate and traceable so it isn't "comingled." This answer is intended as general legal information and does not create an attorney/client relationship.
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