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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22417
Experience:  Attorney with 14 years experience
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Does my husband have any claim to my inheritance in Massachusetts

Customer Question

Does my husband have any claim to my inheritance in Massachusetts if we have been married for 15 years.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Have you actually received the inheritance yet?
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If so, when you received the inheritance, did you deposit it into a joint account or did you keep it separate?
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If you received real estate, is the deed still in your name solely, or have you added husband to the deed?
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Thanks
Barrister
Customer: replied 1 year ago.

Hello, I have already received the inheritance some before we were married and most of it during out marriage. I have kept all the funds separate and in my name. The real estate deed is in my name only.

Expert:  Barrister replied 1 year ago.
Then no, husband would have no claim to the inheritance. When a married couple acquire assets during the marriage, they are generally considered marital assets. However, the exceptions are gifts and inheritances. As long as any inheritance is kept solely in the name of the heir, then this is considered their separate property and the other spouse has no legal claim to it.
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The caveat is that the heir must keep it in their sole name. If they deposit money into a joint account or add the spouse to the deed, that converts it into marital property.
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So in your situation, since you have kept everything separate, spouse would have no legal rights to the assets.
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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

What if he has done work to improve the property. Is he entitled to anything then?

Expert:  Barrister replied 1 year ago.
If he has used marital assets to improve the property, he could possibly have a claim to some portion of any appreciation in the property due to his labor and capital contributions.
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So if he took $10,000 of marital money to put into a $100,000 house and that increased the value to $120,000, then he could have a claim for half the $20,000 in appreciation.
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Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

He didn't put any money into it but rather did the work himself. The value of the property has declined since it was purchased with inheritance.

Expert:  Barrister replied 1 year ago.
Well, he would have to demonstrate that his labor increased the value of the house or caused it to decline less in order to be able to claim anything. This would probably be difficult to do unless he got an appraisal that reflected the value without the improvements and with them. So if the house would only be worth $70K without the improvements but is worth $80K with them, then he could claim half the $10K that he kept it from depreciating to.
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Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22417
Experience: Attorney with 14 years experience
Barrister and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

If property was gifted before the marriage, then another property was purchased through a like-kind exchange by selling the original property during the marriage is it still considered inherited and treated separately from marital assets. Property in my name only.

Expert:  Barrister replied 1 year ago.
As long as husband was never on the deed to the old or new property, then it retains its separate property characteristics. The owner of separate property can convert it from one type to another without losing that protection. It only becomes marital once it is commingled with marital assets or converted by adding spouse's name to deed.
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.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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