Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Does my husband have any claim to my inheritance in Massachusetts

if we have been married...
Does my husband have any claim to my inheritance in Massachusetts if we have been married for 15 years.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
4/1/2013
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,673
Experience: Attorney with 17 years experience
Verified
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Have you actually received the inheritance yet?
.
If so, when you received the inheritance, did you deposit it into a joint account or did you keep it separate?
.
If you received real estate, is the deed still in your name solely, or have you added husband to the deed?
.
.
Thanks
Barrister
Ask Your Own Family Law Question
Customer reply replied 4 years 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.

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.
.
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.
.
So in your situation, since you have kept everything separate, spouse would have no legal rights to the assets.
.

.

.

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.

Ask Your Own Family Law Question
Customer reply replied 4 years ago

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

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.
.
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.
.

.

.

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.

Ask Your Own Family Law Question
Customer reply replied 4 years 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.

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.
.

.

.

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
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,673
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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.

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.
.

.

.

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.

Ask Your Own Family Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,673
38,673 Satisfied Customers
Experience: Attorney with 17 years experience

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

38,673 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I was in marriage that was voided do to bigamy it was not
I was in marriage that was voided do to bigamy it was not intential my prior marriage over lapsed by one week causing the following marriage to be voided. I recently had an annulment to fix the issue … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
My Marriage settlement agreement (MSA) states that I will
My Marriage settlement agreement (MSA) states that I will pay child support until our child turns 22, which is in a few months. In order to make it all official, do I have to make a motion to emancipa… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I'm in an abusive marriage, husband continually saying our
I'm in an abusive marriage, husband continually saying our son isn't his even dispute this I will still leave the baby for him to watch sometimes when I have to get something done, he complains anyway… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
I'm in an abusive marriage and I've made an appointment to
Hi I'm in an abusive marriage and I've made an appointment to see a lawyer on Tuesday. We have a 7 month old son in common. He's said multiple times that the child is not his but most times he calls h… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I have a question about a marriage application and name
Hi, I have a question about a marriage application and name change … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Once a marriage dissolution agreement is signed by the
Once a marriage dissolution agreement is signed by the parties, but not a judge, is there a 3-day right to change your mind, as with other kinds of contracts?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
A marriage license in FL was applied for on October 4 with a
A marriage license in FL was applied for on October 4 with a 3 day wait period required. It was returned on October 11, dated October 6, crossed out by notary and changed to October 7 to meet the 3 da… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
I married in June 2014. Immediately following the marriage
I married in June 2014. Immediately following the marriage my husband started a job in Dubai. I moved out of the home I had been in for 20 years (renting with my four kids) and gave my business, which… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I received a petition for dissolution of marriage, Waiver of
I received a petition for dissolution of marriage, Waiver of Service and Entry of appearance, Statement of Income and Expenses, Statement of Property and vital statistics form papers to sign yesterday… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Was originally serviced dissolution of Marriage 05/25/2017
was originally serviced dissolution of Marriage 05/25/2017 my husband filed declaration service of preliminary dec of disclosure on 06/06/2017....MY HUBAND FILED service of prelim & final dec of discl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Common law marriage in is it leagle. Seattle washington
common law marriage in Washington is it leagle JA: Because family law varies from place to place, can you tell me what state this is in? Customer: seattle washington JA: Have you talked to a lawyer ye… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
I filed for a marriage dissolution in January. The Court
I filed for a marriage dissolution in January. The Court entered the judgement for the divorce on Jan 20. In the judgement I reserved jurisdiction over spousal support. I filed for spousal support and… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm a US citizen married to a Mexican citizen. The marriage
hello. I'm a US citizen married to a Mexican citizen. The marriage took place in Mexico. I am wondering if I am considered married in the US? I hope not, because he was abusive and I fled Mexico and c… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
The Florida Marriage Guide states that there is a 3 day
The Florida Marriage Guide states that there is a 3 day waiting period after … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a marriage be dissolved if one party lied about their
Can a marriage be dissolved if one party lied about their gender on the marriage license? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does the state of PA recognize a marriage license issued
Does the state of PA recognize a marriage license issued from the District of Columbus to get married in PA… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Looking for information on how to have a marriage annulled
Looking for information on how to have a marriage annulled in Idaho when one party is n the military in texas … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Are secret marriages available in Florida? Florida. No the
No, we want to marry and not allow the records to be available to family or others. We read online that secret marriages are sealed in the court by the presiding judge.… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x