QUESTION
I know that PA is not a community property state but if a person is married & that person is left an inheritance is the spouse entitled to any of it?
Asked on Feb 08th, 2013 on Estate Planning - California
9 ANSWERS
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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It depends on the law of the state where the deceased person lived at the time of death. In Utah, yes, the spouse is entitled to a portion of the estate. The portion will depend on several different circumstances.
Answered on Feb 12th, 2013 at 1:28 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If not a community property state, you must keep the inheritance separate and not co-mingle it with marital property.
Answered on Feb 11th, 2013 at 6:52 PM
In Oregon a spouse is entitle to a share of the entire estate and if the dying spouse does that leave them at least that much they can compel the minimum share.
Answered on Feb 10th, 2013 at 12:30 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on what is done with it. If the inheritance is commingled with marital assets, then it can be considered marital property. If not, it could be treated as separate property.
Answered on Feb 10th, 2013 at 12:29 PM
Civil Rights Attorney serving San Bernardino, CA
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Anyiam Law Firm Inc.
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In California, inheritance is separate property as long as you do not comingle it with your joint property. Contact an estate planning attorney for complete review of your situation.
Answered on Feb 10th, 2013 at 12:28 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You are really unclear. I think you are asking the following. H and W are married residents of Pennsylvania. H inherits something. Is W entitled to any of it. I believe that in all 50 states, the answer is NO. However, I do not practice in Pennsylvania and am not certain. (I also believe that all 50 states have laws that require spouses to support each other. Therefore, if part of the inheritance is needed for support of H & W, H might be required to so use it.)
Answered on Feb 10th, 2013 at 12:27 PM
Not sure about specific states, but usually an inheritance is considered as a separate property. But please check with your state.
Answered on Feb 10th, 2013 at 12:25 PM
In California inheritances are the personal, private property of the receiptant. I do not know anything about other states [that is what PA is.
Answered on Feb 10th, 2013 at 12:25 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Why would the spouse be entitled to your separate property? I think not.
Answered on Feb 10th, 2013 at 12:25 PM