Legal Question in Family Law in Virginia

Right to Bequeathed Inheritance

I have been separated for over a year. On Aug. 6, 1999, HE signed our prop. settlement/child custody/child support agreement. I signed it on Aug. 16. He took it to his atty. for filing. As of now, Sept. 4, his atty. hasn't yet filed for our divorce. My uncle passed away on August 27. I am going to inherit some real property and cash. HE is included in the will and is getting a small cash payment. Does my soon-to-be EX have any claim to MY inheritance?????


Asked on 9/05/99, 11:09 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Right to Bequeathed Inheritance

Without seeing your agreement it is not possible to state with certainty whether your inheritance is protected, but it probably is. Most agreements indicate that property received after the agreement is signed is the separate property of the person receiving the property. Further, an inheritance is not generally subject to equitable distribution in Virginia . . . that is, it is your separate property. Your inheritance should be protected from any claims from your husband.

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Answered on 9/15/99, 12:29 pm


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