QUESTION

Can money, securities, etc. that are received by one spouse through an inheritance be subject to division in a divorce?

Asked on Sep 03rd, 2013 on Divorce - Florida
More details to this question:
My mother passed away in early July 2013 with my father passing away in December 2007. Their trust identified me and my three sons to receive specific percentages and became irrevocable upon my mother's death. The money, securities, etc. were received from a trust my parents had and have been placed into an account that only I have acces to which does not have my wife's name, etc. associated with it. It is my private account and she was NOT designated as ToD for the account, I designated one of my sons as the ToD for the account. I maintain a strong "firewall" with that account insuring that none of the funds, securities, etc. pass into our joint account. I am seeking to know if that account could be included in the "marital property".
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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Inherited assets that are kept separate (your spouse;s name is not added to the account) should be treated as your sole and separate non marital property and not subject to equitable division in a dissolution of marriage.
Answered on Sep 04th, 2013 at 4:06 PM

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