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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 11710
Experience:  Licensed Texas General Practice Attorney
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Wife holds dual citizen brazil and USA will inherit money and

Resolved Question:

Wife holds dual citizen brazil and USA will inherit money and land rights with other family

Members we were married here in USA 5 years ago will the money received be hers
Or both of ours What about divorce in the future thank you lenny
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Is your wife residing in the U.S. (and if so, Massachusetts?) , or in Brazil?

Customer: Wife and I live in massachusetts
ScottyMacEsq :

Thank you. In Massachusetts, property acquired by gift, descent, or devise, as well as property acquired before the marriage, is "separate property", and as such is generally not accessible to the judge as part of a property distribution. The judge can consider separate property, in certain situations (such as a situation where this is a significant asset and there are no other assets of the marriage), or other situations where it would be inequitable (unfair) to not include it. But as a general rule, it will be her property (unless she shows some affirmative intent that it be yours as well, such as adding your name to the property or "gifting" you part of it in writing).

ScottyMacEsq :

The fact that she's a dual citizen does not have any bearing on the consideration.

ScottyMacEsq :

The only thing that matters is where you're residing at the time of divorce or where she's residing when she dies (in the case where the property would pass to you or her other legal heirs).

ScottyMacEsq :

Now if you are living in Brazil when you get divorced, that could have an impact on that result. Other states would likewise have different results...

ScottyMacEsq :

For instance, Indiana considers all property, regardless of when and how it was acquired, as marital property.

ScottyMacEsq :

But in Massachusetts, property acquired before the marriage, or by gift, descent or devise (i.e. inheritance) would be separate, and would generally not be included in a divorce property division.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

Hello?

ScottyMacEsq :

Please note that I am awaiting your response.

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~30 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 11710
Experience: Licensed Texas General Practice Attorney
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