Is a wife intitled to inherited money and property from her husband’s deceased father?

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Is a wife intitled to inherited money and property from her husband’s deceased father?

Asked on May 3, 2012 under Family Law, West Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

An inheritance is separate property whether it occurs during marriage or after the marriage ends.  The inheritance from your husband's father is your husband's separate property, and you would not have any claim to that inheritance.

If you don't live in a community property state, other rules may be applicable.


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