Legal Question in Family Law in Kansas

inheritance & divorce

I left my husband about 4 months ago and have just found out that I am getting an inheritance from my father passing away I have not filed for divorce yet but am planning on it ASAP. I was wondering what his rights are to the money? I was married in KS and now live in NY

Asked on 5/22/07, 1:48 pm

3 Answers from Attorneys

Grant Griffiths Grant Griffiths
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Re: inheritance & divorce

It would appear to me that NY may be the proper jurisdiction for your divorce. I would contact an attorney there.

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5/22/07, 1:53 pm
Lissa Luke Luke Law Offices PLLC
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Re: inheritance & divorce

In NY, your husband is not entitled to your inheritance but the caveat is that you must open up a separate bank account and place the money there - under no circumstances whatsoever, should you place the money in any account tied to him.

You may contact this office for further information or to schedule a consultation.

Lissa Luke, Esq.

This information is provided for educational purposes only. This response does not establish an attorney-client relationship with this firm. An attorney-client relationship with the Luke Law Offices will only be formed once this office has been formally retained as counsel or has recognized such a relationship through a written document.

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5/22/07, 1:58 pm
Andrew Nitzberg Andrew Nitzberg & Associates
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Re: inheritance & divorce

My condolences on your loss.

1. Money received through an inheritance is one of the exceptions to the rules defining 'marital property'.

This means that the inheritance is not marital property. It is 100% yours and you may retain all of it.

2. Your challenge will be to keep it as 'non-marital property' because if you make a mistake, then it could be transformed into marital property and he would get 1/2.

The way to avoid this is to take out a new and separate bank account and put the money in that account. Keep it separate from any and all other money you have.

Importantly, do not use the money for anything that you share. Don't use it to pay for any bills that the 2 of you owe or other, similar uses.

This is not a complex or difficult problem. Just follow the advice and you will be ok and he will get 0% of this money.

I am available for a consulation for no fee. Email is best to make an appointment.

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5/22/07, 2:12 pm

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