Legal Question in Family Law in Kansas

Am entitled to some of the inheritance from my husbands father's death?

Asked on 11/04/11, 12:44 pm

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith
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Normally, an inheritance is considered to be individual or non-marital property.

Individual or non-marital property includes includes:

1) The entry value of property owned by either party prior to the marriage and brought into the marriage; and/or

2) The entry value of property received during the marriage by will or inheritance from the party’s family member. It is the relationship of the donor to the party in the marriage and not the designated donee or intent at the time of the gift that will determine the non-marital status of the property; and/or

3) The entry value of the property received during the marriage by gift from someone other than the spouse or children of the parties. Again, it is the relationship of the donor to the party in the marriage and not the designated donee or intent at the time of the gift that will determine the non-marital status of the property.

As a general rule, non-marital property will not be divided, but restored to the party for or by whom it was acquired before consideration of the division of marital property. The non-marital property should be restored at its entry value (the value of the asset at the time the parties were married or the asset came into the marriage). If non-marital assets are sold and the proceeds used to purchase other assets, the new assets are considered non-marital to the extent of the value of the original non-marital assets.

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11/04/11, 12:56 pm

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