Can an Ex-Spouse Legally Claim Your Inheritance?

If you’ve recently lost a loved one and you’re the beneficiary under their will, you may be worried about going through the entire process of receiving the inheritance — especially if you have an ex-spouse. You may wonder whether you need to let them know about the inheritance, and one more question might demand attention from you: Can an ex-spouse legally claim your inheritance?

At Southern Estate Lawyers, our estate disputes lawyers can help you understand what your rights are under Alabama law and whether your ex-spouse has any claim on the inheritance you receive.

Schedule a consultation with Southern Estate Lawyers by calling us at (251) 444-7000.

Understanding Inheritance Laws and Divorce in Alabama

Is Your Inheritance Separate Property?

One of the first things our estate litigation lawyers want you to know is that, in most instances, an inheritance is considered to be separate property if it was left to just one spouse. Separate property is property that one spouse acquired before marriage or through descent, gift, or bequest, and it can’t be touched by the other spouse.

Inheritance isn’t automatically assumed to be separate property, however, because there are circumstances when both spouses could have a right to it. One of these would be if the inheritance was clearly left to the couple. In this case, both spouses would have a claim on it because it becomes marital property.

In other instances, even if an inheritance is left to only one spouse, it can become marital property if it’s treated as such. For example, if you deposit the inheritance amount in a joint bank account or use it for things related to the marriage, like purchasing a home, it becomes marital property. After a divorce, it would need to be divided between both spouses along with other joint assets.

Another consideration is whether there are any pre- or postnuptial agreements in place that include the inheritance. Families that plan on leaving a significant amount of money to someone who is getting married may request a prenuptial agreement to protect these assets in the event of a divorce. Even if you’re already married and you learn that you’re the beneficiary of an inheritance, you can still protect the assets by preparing a postnuptial agreement that clearly states the inheritance is separate property.

If you received an inheritance before getting married, have kept it in separate accounts, and did not commingle it with marital funds, it will generally continue to be seen as separate property in the event of a divorce.

At Southern Estate Lawyers, we have over 40 years of combined estate litigation experience. 

How a Lawyer Can Help During Estate Disputes

The process of divorcing can create such animosity that it’s possible your spouse might challenge the designation of your inheritance as separate property. An attorney can help you if you’re in the middle of a dispute.

Gathering and Maintaining Documentation

One of the most important aspects of proving that inheritance is not marital property is to have proper documentation. This preserves the source of the funds and demonstrates that they were inherited. You’ll need to have copies of the deceased’s will, letters of administration, probate documents, and any other legal paperwork that clearly shows that you received an inheritance.

Documentation can also help track asset growth and changes over time. If you invested the inheritance, for example, it can be more difficult to prove how much it grew if you don’t have the proper documentation.

An attorney can help you gather all of this information and present a clear picture of the assets’s financial history. They will know what paperwork can make the most difference if you end up in mediation or even in court.

Dealing With Commingled Assets

The process of demonstrating that the inheritance is separate and not marital property can get much more difficult if you’ve commingled these assets with your spouse’s. If you used the inheritance to invest in a joint business or to buy a property, it will be subject to equitable distribution.

In certain cases, it may be possible to distinguish the exact contribution of the inherited funds, but this takes help from experienced attorneys and, potentially, financial analysts. Even if your attorney can’t get the inheritance seen as separate property in these instances, they can show the exact contribution that you made, allowing for a fairer distribution of assets.

Additionally, lawyers can help promote conflict resolution strategies to avoid drawn-out court proceedings if there are commingled asset issues. Since these don’t tend to have easy solutions, finding common ground via mediation and arbitration can be essential.

Providing Estate Planning Guidance

One of the concerns you may have if you’ve received an inheritance is whether your ex-spouse will be your beneficiary if you pass away. This is a particular issue for people who have only been married once or who have children from previous marriages and are worried about whether those children will be able to receive the inheritance.

An estate planning lawyer can help you craft wills, trusts, or other options that can protect your assets and ensure they reach the right people once you’re no longer there.

Protecting Your Assets With Legal Representation

Contact Southern Estate Lawyers for Guidance

Receiving an inheritance is often a bittersweet experience. You may be thankful that a loved one thought of you and wanted to leave you their property while at the same time feeling devastated by their death. Worrying about an ex-spouse getting access to that inheritance can further complicate matters.

Understanding Alabama inheritance laws can make a difference, but if conflicts arise, the right choice is to hire estate dispute lawyers to help you. With the right team by your side, you can better protect your assets. At Southern Estate Lawyers, we have decades of combined experience helping people throughout Alabama who are dealing with estate problems of all sorts. Don’t wait to contact us if you have conflicts regarding an inheritance.

Call our team at (251) 444-7000 to schedule a consultation.