Legal Question in Family Law in Texas

inheritance

can my wife get my inheritance or part of, if we get divorced.we have been maried 2 years,my grandfather passed away 12-12-00.we may be divorced within the next 2 months.


Asked on 1/11/01, 8:43 pm

3 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: inheritance

A short answer to your question is no. However, (there are always "howevers" with attorneys!) in some circumstances your inheritance can be considered regarding the division of your community estate.

If your grandfather just passed away on 12-20-2000, I assume that his estate has not been probated yet and that you have not received the money/property yet. At this point, you might not even know how much you are going to inherit, if anything.

If you receive any money, do NOT put it in an account with your spouse. You will need to keep it separate - at all times.

If you live in the Houston area, I offer a free consultation to discuss your situation in detail.

Best of luck to you!

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Answered on 1/28/01, 9:25 pm
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: inheritance

Yes, if you're not careful. You should see an attorney right away to make sure your inheritance is properly segregated from your community property.

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Answered on 1/29/01, 12:02 am
Bob Leonard Bob Leonard Law Group, PLLC

Re: inheritance

As a general rule, an inheritance is your separate property, but that is not the only answer.

Importantly, if you comingle the separate property with the community and if you cannot trace the funds later, then it might all become community.

Also, a judge can take the amount of separate property and the income from that into consideration when making a property division.

In all, if you are planning to get a divorce, you need to talk to an attorney immediately. If you are in the Austin area, you may call my office for an appointment.

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Answered on 1/29/01, 11:47 am


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