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

Winchester, VA |
Filed under: Divorce

I am an executor of my father's estate and I am in the process of divorcing. Is my spouse entitled to any of the estate as part of a divorce settlement?

Attorney Answers 3


No-Inheritance in VA is separate property and not part of the Marital estate.

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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 advice", nor does it form an attorney-client relationship.

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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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