What to do about an inheritance and a divorce?

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What to do about an inheritance and a divorce?

My mother recently passed away leaving her home to my brother and I. My brother is in the process of a divorce and I was told the home cannot be sold until his divorce is final. Is this true and, if so, why am I being penalized? The home is in my name as well.

Asked on November 1, 2012 under Estate Planning, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if your brother inherited a portion of the mother's home it is his separate property and has no bearing with respect to his pending divorce. I suggest that you question the person who told you that the home could not be sold until your brother's divorce was final.


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