Legal Question in Wills and Trusts in New York

Inheritance Ownership in a Marriage

I am married. My mother's house will be the inheritance of my sister and I, when my mother dies. I signed a Last Will and testament leaving all my possessions to my step children when I die. Will my spouse have a legal right to any portion of my inheritance when I'm am still alive? Can I sign my portion of the inheritance to my sister or nephews.


Asked on 12/17/02, 6:44 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Inheritance Ownership in a Marriage

Usually inheritances, if kept separate from marital property, are not subject to spousal claims. However, if the assets are used for the family benefit, a claim could be made in the case of a divorce, not for an interest in the assets, but to have them considered for purposes of alimony and child support questions.

Read more
Answered on 12/18/02, 12:36 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York