Legal Question in Administrative Law in New Jersey

Inheritance, FL. / NJ

Divorced Parent living in FL and he owns a house in NJ dies 1992.

Divorced / Deceased parent in FL leaves 100% of assets, cash and a house in NJ to one of children living in NJ this child was married (July/88). They were married 4 years before inheritance.

Does the inherited childs ''spouce'' in NJ have legal right of ownership of parents assets cash and/or house that were inherit at time of death? Detail Note: Child that inherited the NJ ''house asset'' made a contract so that the divorced mother still living there can live in the house for as long as she wants at no charge. The cash was put into the inherited childs retirement account. Was this comigling money with spouce? The big questions here is does the spouce of the child that inherited the house, and cash, have any control or ownership of the cash or house in NJ?


Asked on 6/12/09, 12:14 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Inheritance, FL. / NJ

Gifts and inheritance received while married are NOT marital assets and are not subject to distribution in a divorce. Such assets belong solely to the person receiving the gifty or inheritance UNLESS the that person places the name

of the spouse on the deed to the real estate or commingles the funds with marital assets, for example by depositing the funds into a joint bank account which he or she has with the spouse.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/12/09, 12:46 pm


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