does my spouse have any right to my inheritance?
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does my spouse have any right to my inheritance?
hi, am married 40 yrs. things not going so good. have talked about divorce. I’m starting to receive an inheritance, which names only me. So far I have kept funds in an account with my name only on the account. I will also receive quite a bit of stock, also in my name only. The will names the beneficiaries, without any mention of spouses. Does my spouse have any claim to my inheritance?
Thank you.
Asked on April 17, 2018 under Family Law, Delaware
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No matter the length of a marriage, inherited property is considered to be the receiving spouse's seperate property. That is so long as it is not commingled with joint marital property. Accordingly, as long as you deposit your inheritance in an account that is soley in your name, then your spouse will have no right to it.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No matter the length of a marriage, inherited property is considered to be the receiving spouse's seperate property. That is so long as it is not commingled with joint marital property. Accordingly, as long as you deposit your inheritance in an account that is soley in your name, then your spouse will have no right to it.
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