Legal Question in Family Law in Nevada

Inheritance/Community Property

I live in Nevada which is a community property state. I will soon receive an inheritance from my fathers estate in the amount of $200K. If I were to get divorced, would my ex-wife be entitled to any of this?

Asked on 11/06/07, 5:17 pm

2 Answers from Attorneys

Anita Webster Webster & Associates
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Re: Inheritance/Community Property

No, as long as you don't commingle the money. You will need to put the inheritance in a separate account in which you do not deposit any of your income or any other monies. You will need to hang onto all the documents showing the inheritance so that you have proof of the source of money and the amount.

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11/06/07, 5:48 pm
Jim Herbe Black & Lobello
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Re: Inheritance/Community Property

Thank you for your inquiry.

In Nevada, while a community property state, inheritances given to one spouse from family is considered the separate property of that spouse.

Nevada law requires, however, that you keep all monies received from the inheritance in separate financial accounts completely independent from community funds.

For example, if you were to take the 200k inheritance and put in a joint checking account the inheritance becomes community property money. Or if you were to use the 200k to buy a home that you and your wife both live in, that would be community property.

Additionally, you can create a post-nuptial agreement indicating that your inheritance is your separate property as another alternative.

If you would like to consult with an attorney about the avenues you are looking at taking regarding the money contact my office and we can advise you more thoroughly.

Best Regards,

Jim Herbe

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11/06/07, 5:58 pm

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