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Question:

preciousone
preciousone
Student
College - Senior

My husband is going to inherit his mother's estate, am I legally allowed to claim on it being his wife, if we have just seperated?

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Posted by preciousone on Tuesday June 30, 2009 at 12:40 PM and tagged with estate, inheritance.

Answers:


  1. amy-lepore Teacher
    High School - 12th Grade

    It depends on the laws in your particular state, but in most cases, if you are still legally married then you have a right to part of this estate as well.  If and when you decide to divorce after a length of time has passed during your separation, you should be able to use that estate inheritance as part of his total worth when determining your alimony and/or child support.

    Check with an attorney in your state.  Depending on the state of your relationship, you may need to be on the alert for ways that your husband may attempt to get around any claim you have on his mother's estate.  You will need to consult an attorney who is well-versed in the laws of your state as well as the proceedings of divorce court.

    Good Luck!

    Sources:
    http://topics.law.cornell.edu/wex/Divorce
    http://www.divorcepeers.com/divorce-court-index.htm

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    Posted by amy-lepore on Tuesday June 30, 2009 at 3:56 PM

  2. oceans11
    oceans11 Teacher
    Elementary / Primary

    My husband also just inhereted from his mother's estate.  Unless your husband declares it in a will and if there are children what he determines in the will is what the spouse receives.  Obviously it all depends in the state you live.  My husband and I are from Puerto Rico and the determination is done through a will.  What you share as husband and wife is separate from his inheritance.  The best thing to do is to consult with a local attorney.

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    Posted by oceans11 on Tuesday June 30, 2009 at 4:34 PM