Legal Question in Wills and Trusts in New York

Re: can my hubby who left, take my inheritance

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Under NY's equitable distribution laws, inheritances are exempt from equitable distribution.

Re: can my hubby who left, take my inheritance

I agree with Arnold, but caution you not to do anything that might make it a marital asset, like putting it in joint names. I will add that while keeping the asset segregated (put it in your name alone), it could have marital ramifications. If the inheritance is large and generates additional income to you, this income and/or assets could impact on alimony and/or child support. You might want to consider having your mother leave the inheritance in a testamentary trust (one created under her Will) in which you and any children are beneficiaries, with discretionary use of the income and or principal (the assets) for you and/or any children. This might help you on the issues of alimony and child support. More facts are needed to provide better guidance, and you might want to consult with a matrimonial attorney familiar with these issues.