Legal Question in Family Law in New York

My nephew lives in New York State. His wife left the family home to move to West Virginia 11 months ago. His father, who lived in England, died 5 months ago and probate of his estate will be completed within the next two months. Has my nephew's wife have any claim to his inheritance from his father's estate?


Asked on 2/14/11, 9:53 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

No. Inheritance is not used in determining equitable distribution. However, inheritance may be used to determine maintenance.

If he wants a divorce, your nephew should file before he receives his inheritance.

Mike.

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Answered on 2/15/11, 5:19 am


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