Legal Question in Family Law in Pennsylvania
Inheritance prior to divorce
I'm about to file for divorce. My wife has been a pain about everything including insisting we file separate taxes for 2003 (so she gets a refund and I have a tax liability she isn't responsible for) changed the benficiary on her life insurance, and is messing with the IRS about something (I don't open her mail).
Anyway, my grandmother passed a few months back and it looks like I'll get decent chunk of change from her estate. I have the paperwork in front of me to sign to allow disbursement of the estates funds. I can't sit on it for too long because that means the other 3 beneficiaries can't get their share.
So the question is simple; do I have to share this money with the wife? Does it become community property?
1 Answer from Attorneys
Re: Inheritance prior to divorce
An inheritance received by one spouse is not considered marital property in Pennsylvania. However, any earnings on this inheritance which are obtained during marriage are marital property. Btw, Pennsylvania is not a community property state. Pennsylvania defines marital property as all property acquired from the date of marriage up to the date of separation, which includes earnings and increase in value of separate property during marriage.
Ilene Young, Esquire/ Civil & Family Practice
215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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