Is a spouse entitled to an inherited estate in a divorce?

Attorney answers (3)

1. Licensed in VA

   

   Charles Hofheimer

   Virginia Beach Divorce / Separation Lawyer

   Contributor Level 10

   1

   Lawyer agrees

   Answered May 12, 2012 11:24. No-Inheritance in VA is separate property and not part of the Marital estate.

   • Separate Property

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2. Licensed in VA

   

   Jennifer Mandell

   Family Law Attorney

   Contributor Level 15

   Answered May 15, 2012 22:17. Unless the Will specifically states that the inheritance is for you and your spouse, then the answer is no. Your duties as executor are very different than your interest as a beneficiary of the estate and what, IF ANY, interest your spouse may have to that interest in the course of a divorce.
   
   Please, hire an attorney to represent you -- in your divorce case, at a minimum. Anything that you inherit from your family (unless subsequently comingled with marital assets), should be your own separate property, not subject to the martial claims of your spouse. PLEASE, get a family law attorney to represent you in your case!

   This response does not create an attorney-client relationship and is intended for general information purposes only.

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3. 

   Robert Ricci

   Clark Divorce / Separation Lawyer

   Contributor Level 17

   1

   Lawyer agrees

   Answered May 12, 2012 11:36. No, unless you co-mingle the funds, or your spouse is actually named in the will.

   Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal... moreLegal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. less

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