Legal Question in Wills and Trusts in New York

Inheritance

I understand the law in New York State says that an inheritance is not considered part of the marital property. In other words, if a wife has an inheritance, the husband in a divorce action can not seek any of the inheritance. However, if, for instance the wife inherits $200,000 and through investments, etc., she accumulates another $200,000, can the husband be entitled to a portion of the accumulated amount, that is the $200,000 earned from the investment? It seems that would be part of the marital assets. Thanks


Asked on 10/17/99, 10:08 pm

1 Answer from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Inheritance

It depends if the appreciation is do to market forces or active participation. Other factors will determine how a maritial asset is equitably distributed.

Daniel Clement

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Answered on 10/18/99, 4:37 pm


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