Legal Question in Family Law in New York

Re: death benifit to spouse

David and Bunji left out one thing. The principal is not subject to equitable distribution. However, income or gain from the asset is subject to equitable distribution.

For example, if you received $1 million from your mom, that you kept in a separate bank account, the $1 million would not be marital property. However, interest income from the $1 million would be deemed marital subject to equitable distribution.

Mike.

Re: death benifit to spouse

There are two possible ways your husband could claim the money ahd house.

In a divorce, he certainly claim them as part of equitable distribution. However, an inheritance is considered separate property, and all else being equal, those assets should remain yours alone. If however you comingle these assets with marital property, they could lose thier separate property status.

Your husband could also make a claim for the assets upon your death. If you die without a will, he would get a share of your estate, which could range from over one half to the entire estate, depending on whether or not you have children. Even if you have a will, your husband could exercise a spouse's right of election against your estate and obtain a portion of your estate that way, even if you have a will which excludes him.

You should consult a lawyer to determine where you stand and what steps you should take to protect yourself.

J. Douglas Barics

Re: death benifit to spouse

Ordinarily inheritances are considered the property of the person to whom they were given, and NOT marital assets.

All items you inherit are yours alone.

They would be considered separate property and cannot be claimed by your husband. However, in a divorce they can be considered in regards to need for support and maintenance along with all other property and income.