Legal Question in Family Law in Washington
Legal seperation
My husband I are seperated, living apart, but it's not, as yet a ''legal'' seperation. My mother passed away recently, and there will be an inheritance coming to me. Can he make any claims on the inheritance?
2 Answers from Attorneys
Re: Legal seperation
The inheretance is yours. Keep it in a separate account, and don't use if for the benefit of the marital community in any shape or manner. The amount of the inheretance will be considered in the overall "fair and equitable" distribution of assets, but cannot actually be part of the division.
Re: Legal seperation
The default answer is no, he cannot make a claim to your inheritance. However, this assumes only you are named (as opposed to you and your husband) as a beneficiary of her will, if she died with a will. Since you have been separated (no longer living together as a married couple) that is further grounds to show the inheritance is separate property. If you have further questions, please feel free to call (206) 223-9510 or e-mail.
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