When Am I Entitled to Inheritance Money in Illinois?

DuPage County Attorneys Assist With Dividing Divorce Assets

When it comes to being entitled to your spouse's inheritance money in a divorce, every circumstance is different. However, the most common outcome is that you will probably not have a claim to his or her inheritance money. Our team of lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC can help with specifics for your case if you contact us to set up an appointment.

If your spouse has proper documentation showing that the money or asset was solely titled and intended to be inherited by him or her, it will be difficult to make a claim. Even though cases are often in favor of the spouse to whom the money/asset was inherited, there are some circumstances in which you may be entitled to some of the money or asset. If your spouse did, in fact, deposit inheritance money into some form of joint-owned account, then you may have some grounds to a claim.

If you yourself are receiving such an inheritance, the best way to protect yourself is to keep your partner’s name off of any paperwork. If your partner’s name is involved, then it can possibly be proven that your asset was commingled, and thus, he or she will have claim to it. By keeping these accounts or funds separate, then you convey to the court that they were not marital assets and should remain your own.

Contact Our DuPage County Divorce Lawyers

Inheritance and gifts can be tricky when dividing assets in a divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our goal is to make this process easy for you, but we remain diligent to ensure that you are given the property to which you are entitled. If you live in DuPage, Kane, or Kendall County, you can contact our offices to schedule an appointment with someone from our law team who has decades of experience. Call 630-665-7300 now so we can start on your case right away.