Legal Question in Family Law in Maryland
my husbands father died a year ago----he has a sister and that is it....the two of them will inherit his will/ home, etc.....obviously everything is in probrate....but my question is....my husband is recently saying he wants out of marriage....(we have 4 kids--his and mine together)....today he says that he will give all monies from his fathers estate to his sister because he doesn't want it coming my way at all??? I was floored....what about our 4 kids....i could care less about hte money---more the principal that he would give it to his sister and not our children equally. thank you.
2 Answers from Attorneys
Inheritances are not considered marital property, so you would not be entitled by virtue of the marriage or divorce. What he does regarding sharing the inheritance with the children is up to him.
Inheritance is not marital property. The deciding case is Merriken v. Merriken, 87 Md. App. 522, 1991.
An inheritance can, however, become marital property as can other property excluded from being "marital" under Maryland's Marital Property Act.
A judge can adjust equities between the parties. Should you require representation for divorce and/or child custody/support, contact me to discuss.
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