Resolving Contentious Inheritance Disputes That Arise During A Divorce
Inheritances are often the center of disputes in divorce cases. The spouse who inherited may feel that he or she should not have to divide this asset that came from a dearly loved family member. Conversely, the other spouse may feel that the inheritance is in fact joint property. At Higgins, Roberts & Suprunowicz, P.C., we have helped clients in upstate New York determine whether or not their inheritances are subject to division in divorce.
Niskayuna Inherited Property Division Attorney
If a family member passed on an inheritance to you or named you in a trust, that asset is your property alone, not marital property. However, if you have commingled the funds with your spouse’s, the asset may then be considered marital property and be subject to division. Placing the money in joint financial account or using the funds to improve a marital home may make the inheritance joint property.
As part of a thorough discovery process, we will examine your financial records to determine whether to characterize the inheritance as marital or separate property. This process is often a complex one. Fortunately, our attorneys have extensive knowledge and experience. Established in 1837, our lawyers have been serving clients in Schenectady for generations.
Whether you inherited the asset or your spouse did, we will take forceful action to protect your rights.