Will I Lose My Inheritance in a Divorce?

As an experienced Buffalo Divorce Lawyer I am regularly asked how inheritances are dealt with when it comes to divorces.  For people who come into a divorce with inheritances, they’re concerned about what’s going to happen to that asset for a number of reasons. When you have an inheritance it has sentimental value to you, and it also has the monetary value. The court is aware of those issues. Generally, inheritances if they’re obtained before the marriage, they are treated as separate property. What that means is that that they’re not subject to distribution by the court. They would be yours to maintain.

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During the marriage what happens to that inheritance is very important, how that inheritance is treated throughout the marriage. If you treat it in a manner that is perceived by the court as having treated as a joint asset, it may have changed in character to become a marital asset and therefore subject to distribution. It’s very important to ask those questions when you have them at the start of proceeding so that you can get the right advice as to how to handle your inheritance and how to resolve that issue.

Are you worried about your inheritance in your upcoming divorce?  If so, contact the skilled Buffalo Divorce Lawyer Rebecca Talmud.

This educational legal blog was brought to you by Rebecca Talmud, an experienced Buffalo Divorce Lawyer.