Legal Question in Family Law in Massachusetts

Inheritance
My brother lives in Massachusetts and is currently in the process of obtaining a divorce. He is also due an inheritance from our mother who died recently. He has not received the inheritance yet - no comingling of monies has occured with his wife. Does his soon to be ex-wife have any rights to his inheritance? Don't Federal Tax Laws supercede any state laws?

Asked on 4/07/08, 1:54 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Inheritance

Federal tax laws have nothing to do with the sharing of marital property under Massachusetts law. The inheritance can be understood as marital property at this time, but the issue will be what share the wife is entitled to under equity.

This sounds like a case in which the wife's claim to a share in the estate may be a stretch, under Massachusetts laws at least. In other words,though technically marital property, she probably will have to go a long way to show that she should get a part of it. However, there are many factors to be considered in such matters, and I do not suggest that I have learned enough about the case to properly assess the matter. I would be happy to give a more certain opinion after a more detailed consultation.

As with all cases, there may also be a "business decision" to be made: how much will your brother pay to avoid a long, ugly case that could cost as much in attorneys and experts as his ex demands in cash.

Greg Lee

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Answered on 4/07/08, 6:27 pm

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