Legal Question in Family Law in New York

Divorce & Inheritance

My Wife and I had come to the agreement that a divorce would be in the best interest of both. My surviving parent had suddenly passed on. I come to find out the estate is of significant value. What rights does my wife have to the estate ? Would the inheritance be considered earnings during the marriage and subject to her obtaining half ? How does one go about sheltering that money from her ?

( technically the estate was left to me, not her)


Asked on 12/09/03, 10:42 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Divorce & Inheritance

I am sorry for your loss. It must be doubly hard to lose someone close to you at the same time you lose your marriage partnership.

Regarding your question, under NY law the money is entirely yours. However, I recommend that you put it aside in a separate bank account until the divorce is final.

By your actions you can turn a separate asset into a marital asset. Its surprisingly easy.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/12/03, 12:18 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Divorce & Inheritance

Pursuant to NY Domestic Relations law section 236B(1)(d)(1), �property acquired before marriage or property acquired by bequest, devise, or descent, or gift from a party other than the spouse� shall be deemed separate property. However, income generated from the inheritance may be deemed marital property.

It is suggested that money from the inheritance is deposited in a segregated account.

Mike.

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Answered on 12/10/03, 8:22 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Divorce & Inheritance

Put the money in a bank account in your name only and don't touch the proceeds until the divorce is concluded, especially do not use the proceeds for any household expenses or to supplement your income.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/10/03, 10:14 am


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