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An inheritance is considered separate property: You don't have to share it with your spouse. But if you want to make sure inherited assets remain separate, you need to follow guidelines on how to hold and use your inherited funds.
Generally speaking, each spouse has a right to half of the community property and so, this is automatically distributed to a widow after their spouse's death. Therefore, the deceased individual only has the right to control their half of the community property estate.
Surviving spouse, full retirement age or older ? 100% of the deceased worker's benefit amount. Surviving spouse, age 60 ? through full retirement age ? 71½ to 99% of the deceased worker's basic amount. Surviving spouse with a disability aged 50 through 59 ? 71½%.
Obtain a prenuptial or postnuptial agreement: A prenuptial or postnuptial agreement can be an effective way to protect your inheritance. It is a legal document that outlines how assets, including inheritances, will be divided in the event of a divorce.
In most cases, a person who receives an inheritance is under no obligations to share it with his or her spouse. However, there are some instances in which the inheritance must be shared. Primarily, the inheritance must be kept separate from the couple's shared bank accounts.