QUESTION
How would family inheritance be affected in a divorce?
Asked on Aug 20th, 2015 on Divorce - California
More details to this question:
My cousin was married and then divorced, because they couldn't live on their separate SSI incomes. Since then, they have continued to live together, each having their own separate bank accounts and SSI income. Will she be entitled to receive any inheritance from his family after his death? They have lived together for close to 40 years. If he dies first, she will not be able to live alone due to her disabilities.
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They are between a rock and a hard place, your cousin should be engaging in attorney in the and an accountant to determine what exactly to do. Given the fact that they are no longer married she would have no spousal rights in the event of his death preceding hers. Therefore any inheritance that he might receive would not go to her. This is a relatively complex area and there are various things that might be done in order to help her situation. They should both be seeing a estate planning attorney to determine how precisely to title to read various assets and what to do regarding their expectancies.
Answered on Aug 20th, 2015 at 4:15 PM
Unfortunately, she does not have any rights to his money, as you she is no longer a legal spouse and IL does not have "common law" marriages.
Answered on Aug 20th, 2015 at 3:26 PM
Under Missouri law, the only person who can demand a part of your estate is your surviving spouse.
Answered on Aug 20th, 2015 at 3:12 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If the parties are divorce and the assets and debts were previously divided then the ex spouse will have no rights to the inheritance funds.
Answered on Aug 20th, 2015 at 2:40 PM