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Can my husband get my inheritance when my mom dies if my mom rewrites the will putting my share into a siblings account?

i ll have 25k aprox. and i m getting a divorce in july, my mom is still alive, i m trying to get some kind of alimony in the mean while to support myself and whenever my mom goes, hopefully later than sooner, but when she does go i d like to think that i can keep what s rightfully mine. my husband talks like he wants some of my inheritance what can i do do keep it?

9 Answers

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  • Connor
    Lv 6
    6 years ago

    We're talking $25,000.00. Before your mom puts the $$$ in your siblings' name - remember, if your relationship with that sibling goes sour you're out $25k because the $$$ will legally belong to that sibling, not you - sit down together with an attorney. Most states do not consider inheritance to be marital property. Also, if your divorce is finalized prior to your mom's death it won't matter anyway.

  • 6 years ago

    In US. I was divorcing when my mom died. My lawyer told me that the ONLY way he could get ANY of it is if I bought something with the inheritance and I put it in BOTH of our names. So I did buy a house before the divorce was final and NO he had no access to my inheritance because the house was in MY NAME ONLY. The only exception to this is if your mother's will says it goes to him and your marriage has nothing to do with that. If the will only states that you inherit, that's it. My mom's will gave the money to me and my siblings. My husband's name was not in her will. Her will was written before I met him.

  • boj
    Lv 7
    6 years ago

    Most states don't view inheritances as marital property & don't expect you to split it with your spouse. The only way your husband is entitled to a portion of it is if you put it into a joint account or designate it for marital debts/resposibilities.

  • Ocimom
    Lv 7
    6 years ago

    A spouse is NOT entitled to the other spouse's inheritance. If you choose to share it with him, thet is up to you, but he cannot take any part of it. Nor can you have any part of his inheritance unless he chooses to give it to you or share it with you.

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  • Dagny
    Lv 5
    6 years ago

    Typically an inheritance is not considered community property

  • Robert
    Lv 5
    6 years ago

    Contrary to what some have said - it is not a marital asset anywhere in the US. The only way he gets anything is if the money is hopelessly mingled with other marital assets.

  • crazy
    Lv 7
    6 years ago

    If your Mom puts it in your siblings account, It does become theirs. Hope you can trust them to pass it over when you ask for it, Or if they didnt spend your money and keep theirs. Anything you acquire through marriage is split. Even with one name. Hope she makes its to july or you can truly trust who ever will hold it for you.

  • 6 years ago

    if you are divorced then he cant touch it, as long as you are legally divorced and the money is going to you and only you then he has no legal right to touch it at all you guys have to be legally separated thou

  • Kelly
    Lv 7
    6 years ago

    It depends on the laws in your state but in general yes. Half of yours is half of his and in many states that includes inheritance.

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