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I have been married for 39 years. During a divorce, can I go after any inheritance from her father who is 90.

Prior Lake, MN |
Attorney answers 4


This question can get rather tricky. In general, an inheritance is a non-marital asset. This means that it won't be split as an asset during a divorce. However, there are some exceptions that you will want to explore with an attorney (for instance, in some cases the court may deem that the division of the assets would otherwise be inequitable due to your specific circumstances). The division of the assets and debts of a 39 year marriage will not be an easy task. I highly recommend that you hire an attorney to help you work through it.

Dana C. Rindahl is an attorney/partner at Perez & Rindahl Law, LLC. We are located at 842 Raymond Avenue, Suite 200, Saint Paul, MN 55114. Any information we have provided on this site does not establish an attorney/client relationship. We encourage you to contact us for a formal consultation that will allow for us to both obtain more information from you and to look at all of the evidence surrounding the case. Please do not hesitate to contact us at 763-463-0367.


Generally no, you are not entitled to an inheritance in a divorce as it is non-marital. Cases stating otherwise are fairly rare and often require some some of extremely inequitable split. I doubt you'd see that in this case, but a lawyer would need to review your case to be more certain.

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As a general rule, inheritance falls onto a classification of non- marital property that is not divided in a divorce. However, in certain cases a court may invade non- marital assets where hardship exists.

If your exes parents are still living, there is nothing you cans do to acquire any interest in a possible future inheritance.

You must consult experienced legal counsel.

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Hello. You should contact a private attorney who will advise you in great detail about the particulars of Minnesota law in this regard. Your question is somewhat ambiguous in that you may have in mind to 'wait' to initiate a divorce until after the father has passed on. While the parent (the father) is alive, your spouse presumably has no present interest in her parent's property, since the parent could change his/her will. However, perhaps your spouse does have a present interest: Regardless, the attorney assisting you will explain all in great detail to you. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Tricia Dwyer, Esq.: Phone 612-296-9666. DIVORCE Law, FAMILY Law, INHERITANCE Law, WILLS - TRUSTS - PROBATE Law, ELDER Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See