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When a person dies, not everything automatically transfers to a spouse, especially concerning the right inheritance for a wife with no money. The distribution of assets largely depends on the deceased's will and local laws. If there is no will, state inheritance laws will determine what happens to the assets, which may not favor the spouse. To ensure your rights are protected and to avoid complications, consider using platforms like US Legal Forms to create a will that reflects your wishes clearly.
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.
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.
In the overwhelming majority states, an inheritance is considered separate property, belonging exclusively to the spouse who received it and it cannot be divided in a divorce. That holds true whether a spouse received the inheritance before or during the marriage.
Unlike a spouse, an adult child generally has no legally protected right to inherit a deceased parent's property under state intestate succession laws. Some states, like Florida, do offer some protection to minor children. Most states protect adult and minor children from being unintentionally omitted from a will.
Generally speaking, ex-spouses are only allowed to claim their portion of any inherited assets if it is specified in a will or other legally binding document they had entered into before death. Additionally, all debts owed must be settled before any estate distribution is made and taxes due paid off.