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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19675
Experience:  B.A.; M.B.A.; J.D.
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Good Morning - I live in Pennsylvania. Last spring, after my

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Good Morning - I live in Pennsylvania. Last spring, after my mother died, my father signed his property over to his four surviving children. Upon his death in the fall, his estate was given equally to these same four children through a last will and testament. This property has a cell phone tower on it and I am receiving lease payments every month from the phone company that owns it. Is my husband entitled to 1/2 of my payments or is this considered inheritance property and can be kept separate from our marital property. Also, before my parents died, they had signed a lease with a Marcellus shale oil company - when the well is drilled and royalty payments start coming in - again would these payments be considered part of my inheritance and kept separate from our marital property?
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Good Morning - I live in Pennsylvania. Last spring, after my mother died, my father signed his property over to his four surviving children. Upon his death in the fall, his estate was given equally to these same four children through a last will and testament. This property has a cell phone tower on it and I am receiving lease payments every month from the phone company that owns it. Is my husband entitled to 1/2 of my payments




Response 1
: No, he is not because it is not a marital property.



or is this considered inheritance property and can be kept separate from our marital property.



Response 2: Yes. See Pennsylvania Consolidated Statutes, Title 23 Section 3501.




http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.035.001.000..HTM





Also, before my parents died, they had signed a lease with a Marcellus shale oil company - when the well is drilled and royalty payments start coming in - again would these payments be considered part of my inheritance and kept separate from our marital property?



Response 3
: Yes.

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