Legal Question in Family Law in Connecticut

The inheritance would go into a trust only if the will so stipulates; otherwise it would go directly to you. As to your husband: make sure the fiduciary of the estate (the executor or administrator) or the attorney - whoever it is who is sending the check - has the check made out to you only. Then MAKE SURE you put it into an account in your name alone. Open one up if you don't have one. Things that you inherit are usually NOT split in a divorce, but if you have put it into a joint account, it might be open to a claim by the husband.

You say that your inheritance is going into a trust. If you are an income beneficiary only and do not have any control over the corpus of the trust, the inheritance money will not be included in the marital assets and it is not subject to distribution.

If you have control over the trust or the funds do not go into a trust, the inheritance money is included into the total of the marital assets and is subject to distribution. Often times, one spouse does not get either a piece of the other's inheritance or a set off for the value of the inheritance. A judge does have the discretion, however, to award any piece of the marital assets to either party. The final property distribution takes into consideration the income of the parties, any support orders, the age and abilities of each party and the fault for the break down of the marriage.

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