Legal Question in Family Law in Arizona

Inheritance

Is my soon to be ex husband of 20 years entitled to 50 percent of my inheritance at the time of divorce? I have received it less than a year ago and I have a feeling my ex was waiting for it (he was not named in the inheritance/will) We deposited it in both our names in a CD account, which we were told was mandatory for both signatures in Arizona. Thank you in advance.


Asked on 7/11/01, 11:30 pm

1 Answer from Attorneys

Re: Inheritance

Under Arizona law, your inheritance is your sole and separate property, UNLESS you change the character after you receive it. By investing it in a CD with his name on it, you have created the "presumption" that you intended to gift him a 1/2 interest in the funds.

However, the presumption is rebuttable, especially if you have not combined other community funds into the same investment.

Please contact me if you would like to discuss this further.

/s/ Rich J. Peters, Attorney

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Answered on 7/12/01, 2:12 pm


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