Does my spouse have legal claim to my family inheritance?
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Does my spouse have legal claim to my family inheritance?
I have been separated not legally from my spouse for over 10 years. My parents are getting up there in age and are worried that my ex will have claim to my inheritance if they should pass before a divorce is final. It is my understanding that he cannot unless he can show I had intent to share such as depositing the money in a joint account.
Asked on October 31, 2016 under Family Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Typically, an inheritance is consisdered to be the separate property of the spouse who inherits. That having been said, at such time as funds are in some way commingled (e.g. deposited into a joint account), they may "transmute" into marital propety. Therefore, care should be taken not to mix these funds in any way. At this point, you may want to consult with a local attorney who can best advise as to your specific situation.
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