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Ask Lane Your Own Question
Category: Tax
Satisfied Customers: 12691
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My children all received $380000.00 from my Ex. as their

Customer Question

my children all received $380000.00 from my Ex. as their inheritance. I did not receive anything. Is this fair
Submitted: 10 months ago.
Category: Tax
Expert:  Lane replied 10 months ago.

I'm so sorry to be the messenger here ... Although there are laws against disinheriting a surviving spouse, And required sign-off BY the spouse in the case of ERISA covered qualified plans such as 401(k)'s. There is no statute law requiring that anything be left to an Ex-Spouse.


Now, if there were a contract or court order in place (such as a post-nuptial agreement, or a provision in the divorce decree), you could have a cause of action.


But, no, although (depending the circumstances) it may not be fair, you likely have no legal recourse without a contract, or a court order of some sort, such as a written separation agreement or divorce decree, that would require receiving something at death.


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I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.