Legal Question in Family Law in Pennsylvania
If my wife inherets money from her deceased parents and we get divorced does that money become part of the settlement?
Also, if we stay together (hopefully) and she makes a will to give the money to whomever, does that will take precedent when she passes?
Asked on 11/03/10, 5:37 am
1 Answer from Attorneys
Solomon Weinstein
Solomon Weinstein, Esquire
Generally inheritance is exempt from marital property and not subject to Equitable Distribution , except to the extent of increase of value during marriage. However if the inheritance is intermixed into a joint or marital account it may become marital property. A will would allow your wife to leave property in her own name to whomever she desires subject to the spouse's right to elect against a will.
Answered on 11/08/10, 7:15 am