Legal Question in Family Law in New York
inheritance rights
my soon to be ex is the sole heir to her fathers fortune. her father has MS and Osthoperosis and has been in a nursing home for some time and is on the fast track to a better place.
although he has not left us yet, he has amassed a good amount of money.
seeing as how we are now going through a divorce, how does the statute of ''loss of inheritance or pension rights'' come into play?
am i still entitled to a share of what could be?
how do i find a more explicit definition of these terms?
thank you in advance for your help in these matters
1 Answer from Attorneys
Re: inheritance rights
Your wife's prospective or actual inheritance from her father, does not "come into play," at allw.
"Loss of inheritance rights" refers to whatever "inheritance rights" YOU may have with respect to a spouse; and that spouse's property that is presumptively "marital property."
It does not refer to a spouse's inheritance or
bequests from that spouse's family or friends.
Since, "inherited property," in NY, is presumptively "Separate Property." And, It is Not considered to be part of the marital estate; or "separate property" accumulated through the "non titled" spouse's, efforts, contributions, or share of the "marital economic partnership."
Good luck,
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