Inheritance by one spouse, Married short time

UPDATED: May 28, 2009

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Inheritance by one spouse, Married short time

An uncle left me 1/4 of his home. It’s going to be sold. I am married. How does that affect my inheritance? All this is in Florida.

Asked on May 28, 2009 under Estate Planning, Florida


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your being married should not affect your inheritance rights unless the will specified certain terms one of which being you could not be married and than it would become an issue to address at probate.

Assuming no such clause exists than you would be entitled to 1/4 ownership or proceeds just as if you were not married. If taking this one step further if your concerned with the inheritance being yours or you and your husbands it is yours and although you will want to consult a local FL attorney for proper safeguarding of the proceeds you will usually want to keep proper records so upon divorce if ever it comes to that you can show the money or property was an inheritance

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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