Legal Question in Family Law in New York
spousal inheritance rights
If you inherit money and/or property after you marry, does your spouse have any leagal claim to the property or money? What are your rights/or the spouse's rights when its an inheritance?
2 Answers from Attorneys
Re: spousal inheritance rights
Generally, inherited property is "separate property" not "marital property." However, if the property does not remian sufficiently separate during the marriage, part or all of it can become marital property.
Re: spousal inheritance rights
It remains seperate property and no spouse has the right to any portion of it. If they help manage or contibute to the property they may be able to get get 50% of the increase in value or if the property is comingled (mixed with jointly owned proeprty or monies; or put in both names) it becomes marital property subject to a spousal claim.
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