Legal Question in Wills and Trusts in Indiana
Question
Is a pending estate considered marital assets in a divorce if the estate started before filing for divorce?
2 Answers from Attorneys
Re: Question
It can be argued that it should be but final decision is left to the judge's discretion. Without more detail, I cannot say much more except - get a lawyer for the divorce.
For more information see: http://haslerlaw2.blogspot.com/2007/02/property-division.html
Re: Question
Indiana doesn't have a strict definition of "marital asset." Generally, inherited property will stay with the spouse who inherited it. Inherited property or even the imminent prospect of inheritance could be a factor a judge would consider in dividing property of the marriage in the event the parties cannot agree to a settlement. Sounds like the person in question should be represented by a lawyer experienced in marital dissolution law. Good luck.