Legal Question in Family Law in Ohio

Inheritance and Divorce

I will becoming into an inheritance shortly. As I am the only family of my maiden aunt in Pennsylvania, she had my name with hers listed on CD's, bank accounts and an annuity account. We were advised to do this by a lawyer to make it easier to handle when something happens to her. Will this still be considered an inheritance? And if I get a divorce after I receive the inheritance (?) can my spouse claim any part of it?


Asked on 1/19/04, 6:27 pm

1 Answer from Attorneys
Stephen Daray Sciangula & Daray

Re: Inheritance and Divorce

If it is not considered an inheritance, (which it will), it would be deemed a gift solely to you and thus your separate property. In a divorce action, barring very unusual circumstances, it will be your cash and not subject to division with your spouse. Just some food for thought here. In order for it to be your separate property, you must be able to trace for the divorce court. By investing it and not mixing it with marital funds would be a good way to start. Even if it is mixed, as long as it is traceable it will still be yours. Call me if you need more information though I will be out of the office from Wed Jan 21 to Mon Feb 1. I�m in Westlake, too. 440.835.8200 Steve

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Answered on 1/19/04, 11:50 pm


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