Legal Question in Family Law in North Carolina

Re: Equitable Distribution

Whether or not your soon to be ex-wife is entitled to a portion of the inheritance would depend on several factors. First, what the separation agreement's provisions contain as far as any pending claims or inheritance. Second, whether your mother left her a portion of any inheritance in her will.

Re: Equitable Distribution

I will defer to attorneys focusing on domestic law, and I agree with the other responder that the terms of the separation agreement would be binding, if they address this situation. If they do not, however, then I believe that such a transfer (from your relative to you) would be akin to a "gift," or "non-earned income," and as such would not be a part of the marital estate, or marital property. Only those things you "earn" or "work for" would be subject to her claim upon divorce. You probably want to consult a domestic/family lawyer, however, especially if the money at issue is substantial.