Legal Question in Wills and Trusts in Missouri

An inheritance is normally not distributed to the spouse. However, the amount that the beneficiary has, or is about to get, can be attributed to them in deciding how to divide marital property. So, in that sense the non-beneficary spouse can get funds equal to half of what the inheriting spouse gets. If the inheritance is not to happen for some time, after the divorce, it would not be used in the calculation of the division of assets. If the person inherits before the divorce, and comingles it with marital assets (like in a joint bank account) it may become a natural asset and be divided just like other joint property. If the inheritance is in the form of real property ( such as a home) the property can remain seperate, even if husband and wife both occuoy or use it.

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