Legal Question in Wills and Trusts in Louisiana
Inheritance and divorce
I got a small inheritance of annuity funds after my father died last year. This was during the time that I was separated from my husband, and had filed the divorce papers, but had to wait the year for it to be final because we have minor children. The divorce was finalized in Dec '08. He is now claiming I owe him part of that inheritance. Is inheritance considered community property and is it considered an asset he can go after in a community property dispute?
2 Answers from Attorneys
Re: Inheritance and divorce
An inheritance is separate property as long as it is kept separate, i.e., not deposited into a community bank account.
Re: Inheritance and divorce
Unless your father put in his will that the property belongs to you and your husband it, is separate property.
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