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?
Divorce / Separation Lawyer
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.
Family Law Attorney
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.