Legal Question in Family Law in North Carolina

Equitable Distribution

My wife filed for divorce in August, separtation papers have been signed. Yesterday I learned that I am to inherit a large sum of money from a deceased aunt. Is my soon to be ex-wife entitled to any of this money?


Asked on 11/26/02, 12:15 pm

2 Answers from Attorneys

John McNeil Haas McNeil & Associates, PA

Re: Equitable Distribution

Whether or not your soon to be ex-wife is entitled to a portion of the inheritance would depend on several factors. First, what the separation agreement's provisions contain as far as any pending claims or inheritance. Second, whether your mother left her a portion of any inheritance in her will.

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Answered on 11/26/02, 12:31 pm
John Kirby Law Offices of John M. Kirby

Re: Equitable Distribution

I will defer to attorneys focusing on domestic law, and I agree with the other responder that the terms of the separation agreement would be binding, if they address this situation. If they do not, however, then I believe that such a transfer (from your relative to you) would be akin to a "gift," or "non-earned income," and as such would not be a part of the marital estate, or marital property. Only those things you "earn" or "work for" would be subject to her claim upon divorce. You probably want to consult a domestic/family lawyer, however, especially if the money at issue is substantial.

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Answered on 12/08/02, 4:24 pm


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