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FAQs / Probate Assets / Estate / Does a Spouse Share the Inheritance Given to Their Husband or Wife?

Does a Spouse Share the Inheritance Given to Their Husband or Wife?

Understanding Inheritance in Marital Relationships

Inheritance can be a significant financial windfall for a beneficiary, but it is often a sensitive subject with various legal considerations. This is especially true in marriage, where one partner might expect a large inheritance, while the other assumes that those assets become joint property.

In Florida, marital property and separate (non-marital) property, such as inheritances, are treated differently.

Marital property includes assets acquired or earned during the marriage, unless both spouses agree otherwise. This includes income, jointly purchased cars, homes, and any portion of retirement funds accumulated during the marriage.

Separate property includes assets acquired before the marriage and inheritances received before or during the marriage, if they are kept separate. However, if the inheritance is commingled with marital assets (for example, by placing it in a joint account), it may lose its separate status and be subject to division in a divorce.

How to Protect Your Inheritance

Although Florida law presumes that an inheritance remains the sole property of the beneficiary, commingling those assets with marital funds can alter this status. To ensure your inheritance is protected:

Keep inherited assets in separate accounts and do not mix them with marital funds.

Avoid adding your spouse’s name to any bank account or property received from an inheritance.

Be cautious with improvements made to inherited property using marital funds, as this may entitle your spouse to a share of the asset’s value.

If you have already commingled your inheritance, there are legal methods to trace contributions and determine what portion remains separate and what part may now be considered marital property.

Contact the Florida Probate Firm today, we are here to help. Give us a call at (561)210-5500.

Probate Assets / Estate FAQs

  • What Steps Should I Take When a Loved One Passes Away and We Can’t Travel Out of State?
  • How are taxes handled in probate?
  • Does a Spouse Share the Inheritance Given to Their Husband or Wife?
  • What Are Estate Taxes?
  • What must I do to close the estate?
  • What types of property do not need to go through probate?
  • When is probate required to transfer title to real estate?
  • When can I close the estate and distribute the assets?
  • Which law applies if the decedent owned land in more than one state?
  • Does all property have to go through probate when a person dies?
  • Does the property automatically transfer to my name or do I have to register the property with the state?
  • How can an estate plan prevent probate of my estate?
  • What types of property need to go through probate?

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