Legal Question in Wills and Trusts in Indiana

Question

Is a pending estate considered marital assets in a divorce if the estate started before filing for divorce?


Asked on 1/30/08, 12:28 pm

2 Answers from Attorneys

Samuel Hasler Samuel Hasler

Re: Question

It can be argued that it should be but final decision is left to the judge's discretion. Without more detail, I cannot say much more except - get a lawyer for the divorce.

For more information see: http://haslerlaw2.blogspot.com/2007/02/property-division.html

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Answered on 1/30/08, 12:47 pm
C. David DuMond Law Offices of David DuMond

Re: Question

Indiana doesn't have a strict definition of "marital asset." Generally, inherited property will stay with the spouse who inherited it. Inherited property or even the imminent prospect of inheritance could be a factor a judge would consider in dividing property of the marriage in the event the parties cannot agree to a settlement. Sounds like the person in question should be represented by a lawyer experienced in marital dissolution law. Good luck.

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Answered on 1/30/08, 2:52 pm


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