You will want to ensure that you do not co-mingle any of the funds you receive from the IRA with any money earned during your second marriage or held jointly with your second husband.
If you do not mix the monies, the funds from the IRA will not be considered marital property.
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if you are represented by an attorney for your divorce-you should ask your attorney.
Inherited assets that are not co-mingled with a spouse are usually not marital assets.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
The other two attorneys are correct.
If the property was obtained during your marriage (inherited during the marriage), then the property is presumed marital property. This presumption can be overcome by showing the property was obtained by gift, device, or bequest. In this case, a bequest. Thus absent co-mingling, the property would be separate property.
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