Can an ex claim future inheritance after legal separation?

UPDATED: Jun 25, 2012

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Can an ex claim future inheritance after legal separation?

We’ve been separated legally for 8 years and last year my mom passed away. Does my ex have an legal right to that inheritance?

Asked on June 25, 2012 under Family Law, New York


Brad Micklin / The Micklin Law Group

Answered 10 years ago | Contributor

Probably not. An inheritance is not considered a marital asset that can be distributed for equitable distribution.  It may, however, be utilized for your ability to pay support if you are going to generate interest income or have a significant amount of principle that you can draw down.

You must be careful how you utilize this money. I would recommend you speak with an attorney well-versed in matrimonial and estate planning prior to filing a divorce action.

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