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hurting1213

Inheritance

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Hi @hurting1213

 

Welcome to the community and thanks for posting! In a community property state, the inheritance should remain your separate property. However, be careful not to "comingle" these funds with any community property funds. Once you receive your inheritance, open a separate bank account in your name alone, and do not mix these inheritance funds with other funds. This will increase the likelihood that a court confirms the inheritance to you as your separate property.

 

You may also want to speak with an experienced family law attorney. For a free consultation, click here.

 

Best of luck!

The FindLaw.com Team

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He could very well be entitled to half depending on how your mother handles the bequest.

 

The time to take the precautions is while she is alive and she will need an estate planning attorney to set things up so that your inheritance is protected.

 

Has your husband actually filed the divorce petition yet? If not, I suggest you do it ASAP. If, for some reason, your mother cannot change things, you should hire a divorce lawyer to advise you on how to protect your inheritance.

 

 

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Generally speaking, money received by way of inheritance is not considered community property and not subject to division in a divorce as long as the recipient spouse does not commingle the inheritance with community funds.

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