Inheritance In Probate During Divorce

What is the name of your state? MS
my spouses father died six months ago and left money to my spouse in his will. it is currently in probate and is expected to be released next month. i'm ready to file for divorce now. in order to ensure that the inheritance is marital property, do i need to wait until the money clears probate?

[I AM ALWAYS LIABLE]

Originally posted by detecard
What is the name of your state? MS
my spouses father died six months ago and left money to my spouse in his will. it is currently in probate and is expected to be released next month. i'm ready to file for divorce now. in order to ensure that the inheritance is marital property, do i need to wait until the money clears probate?

My response:

Who is telling you that his inheritance is "marital property"?

IAAL

no one has told me that it is marital proerty. i made the assumption that it was marital property because he received it during our marraige. obviously, that is not the case, so i will ask the required rudimentary questions. is the inheritance automatically marital property? if it is not, what must happen to make it marital property? thank you

[I AM ALWAYS LIABLE]

Originally posted by detecard
no one has told me that it is marital proerty. i made the assumption that it was marital property because he received it during our marraige. obviously, that is not the case, so i will ask the required rudimentary questions. is the inheritance automatically marital property? if it is not, what must happen to make it marital property? thank you

My response:

Unless he makes all or any part of his inheritance a "gift" to the marital estate, then that money (or whatever he inherits) will always remain "separate property."

For example, if he inherits $100,000.00, you're not entitled to any of that money. However, if he takes some of that money and buys a new Cadillac, and places you on the title of the car, then he has made a "gift" of that car to the marital estate. But, your name must be on the title for that to happen.

Or, if he buys household goods for both of your use; e.g., a television, then he's made a gift of that t.v. to the marital estate.

You had better get a consultation so that you can find out all of your rights AND liabilities in your Community Property State.

IAAL

[VeronicaGia]

Some people are just amazing....though not always in a good way.

The mans father has died and you want to divorce him, but you want to make sure you get a piece of his father's pie?

I am virtually almost never speechless, but congratulations! You've rendered me speechless.

[stealth2]

Hey hey hey, VG..... Gotta make sure we get that piece of the pie! After all - they're married.

I agree - sick, sick, sick.

[I AM ALWAYS LIABLE]

My response:

Oh, take it easy ladies.

It was a perfectly logical and cogent question. Since our writer didn't know, and all she did know was that money was coming in, her question was common, and logical, under the Community Property laws of California. She just wanted to know if she was entitled to any of that money, just as if you guys might have a question about a "share" of money in bank accounts, or any other source of funds.

She is entitled to know about these matters. What if she WAS entitled by law? How would she know unless she asked?

She had to ask "someone".

So, take it easy.

IAAL

[stealth2]

I dunno, IAAL - that was a little more than "am I entitled to any of it?" Sounded darned mercenary to me!

so.... you pouring merlot tonight? I might need a glass after 2 hours with seven 11 yo's!

[LegalBeagle]

How do you know that she has not been a stay at home mom for the last 18 years whilst hubby has risen high in a great career? and if she divorces now, she may end up with nothing..

Money changes us all.. and I have no doubt that both of you would be asking the same questions if you wanted to divorce a man you hated to be around who was about to get $10,000,000..

[stealth2]

actually, LB.... not all of us are motivated by money. I'd be happy just to be rid of him.

[edit: Actually, my ex was involved in litigation with a former employer at the time of our divorce - I declined the right to receive any portion of an award should he win - which could have been some substantial bucks. I don't know what the outcome of it was.]

[VeronicaGia]

Ditto to momma tiger.

[nailtech]

awww heck stay long enough to help him spend his money then divorce him, HE couldn't be any worse then what you had when he didn't have an inheritance coming in right??

IAAL, you need some of my midol? thats some major reverse PMS there... hehehehehhe
just when you think you have his response figured out, go figure again... I hate when that happens...

Inheritances are usually not considered marital property. I went through something similar 15 years ago.