Legal Question in Family Law in Arizona

Estate proceeds and divorce

A parents estate left an IRA to my sister and I (500K) and any proceeds from a home sale projected to be (150K). Right now the estate is involved in a lawsuit and any cash proceeds from these to items are staying in the estate until the law suit is settled. Additionally, there is a possibility that my wife and I may separate and divorce. If the lawsuit takes some time to be cleared up and this money is not taken by the lawsuit.....and in the meantime my wife and I divorce before the suit is settled, will she be entitled to 1/2 of what was left to me?


Asked on 3/14/08, 4:32 pm

3 Answers from Attorneys
Amil Alkass LAVELLE LAW, LTD

Re: Estate proceeds and divorce

Unless the proceeds from the IRA are somehow used for the benefit of the marital estate or become commingled in some marital accounts/property, they will be your non-marital property.

Good luck. Please email me directly with any follow up.

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Answered on 3/14/08, 5:19 pm
John Steele Steele Law Firm

Re: Estate proceeds and divorce

NO. It is non marital. Simple as that.

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Answered on 3/14/08, 6:56 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Estate proceeds and divorce

The money from the estate is non-marital property unless you co-mingle it with marital accounts. Please call for a free consultation if you need an attorney.

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Answered on 3/15/08, 10:24 am


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