Mineral rights

[Amanda Cole]

I live in Minnesota. I am about to inherit some mineral rights in Canada from my mother but it is still in probate. Can my husband claim them as part of the marriage assets now that I have filed for divorce and it's in progress? There is no money coming in from these mineral rights at this time.
Thank you.

 

[Grandma B]

What you inherit is yours.

 

[dorenephilpot]

I can speak only in terms of Indiana law, which is where I practice, but, yes, what Grandma said is correct. If YOU inherit something, it's yours. However, if it is classified as a gift to BOTH of you, then you might have more of a problem.

Hope this helps!