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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33746
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am the inheritor of my mom's house. It was sold at her

Customer Question

I am the inheritor of my mom's house. It was sold at her death, and the proceeds put into OUR bank account.
Question: whose money is the inheritance?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me who the other party is? (spouse, sibling, friend, etc.??)

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Is this in regards ***** ***** type of division of assets as with a divorce?

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thanks

Barrister

Customer: replied 1 year ago.
Question #1: Spouse
Question #2: No
Expert:  Barrister replied 1 year ago.

Ok, then under TX law, when one party inherits assets, they are considered their separate property unless they affirmatively take action to convert them to marital assets. This is typically done by "commingling" them with marital assets.

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So here, if the money that was received from the inheritance was put into an account with marital money, then that would commingle it so as to make it difficult to determine which dollar was an inheritance and which was a marital asset.

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However, there is a legal concept called "tracing" that would allow the person who inherited the money to "back out" their separate money, but this is typically up to the judge to determine whether he would allow it. For example, if the person inherited the money and put it in an account with marital community money, then they filed for divorce a month later, that is relatively easy to trace. But if it is years later, a judge may not allow it.

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However, while the money is sitting in a joint account, then either party can access it and the presumption is that it is equally owned by both parties.

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thanks

Barrister

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