If a married couple has separated, but the parent of one of them has passed away, and they died prior to the separation, but the inheritance money has not yet been paid out, must the person receiving that money share it with their spouse?

January 5, 2017

If a married couple has separated, but the parent of one of them has passed away, and they died prior to the separation, but the inheritance money has not yet been paid out, must the person receiving that money share it with their spouse?

 

a. Yes.

b. No.

 

Correct Answer: b. No. The law states that a gift or inheritance that is received during the marriage, as long as they kept separate, does not have to be shared, so long as it still exists on the date of separation. In this question, the funds have not even been paid out as yet, so they are separate, and there is no requirement that this be shared with the other spouse.

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