Legal Separation and Inheritance

Asked 10 months ago - Denver, CO

Hello - I recently posted a question on changing a decree from divorce to legal separation. I'm grateful for the answers. In the case of inheritance I would like, in the case of legal separation, to specify that my assets would go to my daughter if I predeceased my spouse, as my spouse is the beneficiary of a life insurance policy of greater value. Is this something that could be put into the final legal agreement. Thank you

Attorney answers (4)

  1. David Littman

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    Contributor Level 18

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    Answered . This is an estate planning question. From a family law point of view, be sure to keep the inheritance separate from all other assets.

  2. Karl J Geil

    Contributor Level 17

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    Answered . That is not a provision which should be set forth in a settlement of a legal separation case. Upon the entry of the Decree of Legal Separation, you and your spouse lose the right to inherit from each other, unless one of you signs a new Will after the Decree giving something to the other. Once a Decree of Legal Separation has been entered, your property is your property, and your legally separated spouse has no claim to it. You should update your Will after the Decree is entered.

    www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice... more
  3. Christopher Daniel Leroi

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    Contributor Level 20

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    Answered . If your spouse is agreeable, then you can put it in the final legal agreement. If you are getting an inheritance, that is not your spouse's property if you keep it separate. You can keep it separate in a trust, an annuity, a stock portfolio with a payable on death to your daughter, and a wide variety of other options. Consult an estate planning attorney.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  4. Lee Alan Thompson

    Contributor Level 20

    5

    Lawyers agree

    Answered . You can agree to anything you want. Not sure who the inheritance is coming from. If to you from a family member it would be non-martial property. Having a difficult trying to figure out why you want to keep him as the beneficiary on your life insurance. There's more here to it if you are talking about your estate though. Talk to a good estate planning attorney. That wouldn't be me although I have a couple thoughts on how I would do it in Ohio, but your in Colorado.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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