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SRDEsq

SRDEsq

Brain (3,690)

SRDEsq answer was awarded and will earn ongoing royalties from this thread.

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Question

Submitted 89 days ago...

jmatlock

jmatlock

New User (2)

Inheritance

Is my spouse entitled to a portion of my inheritance in the state of kansas if we divorce?

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Answer 1 / 5 - Submitted 88 days ago...

SRDEsq

SRDEsq

Brain (3,690)

The court wants you to work out your marital property division before court, if you can't the court will do it for you , and you may really not likeit. The court only divides your marital property, which is property you acquired after you were married. Marital property includes retirement benefits, pensions. Any property that you had before you were married and any profits from that property are your separate property and are excluded from marital property. Any property you receive by gift or inheritance is also separate property. It is always best to keep funds from inheritance separate from mutual household money, then there can be no dispute over what is what.

This might mean splitting things; it might mean that one of you gets certain property and pays the other for part of its value; or it might mean certain property is sold and the proceeds are divided.
Such as one keep sthe house but the other must pay the cash equivilent of a determined percentage of the equity.

Lets say you inheritated a house from your parents, it was worth a hundred k at the time, you lived in it with your wife for 30 years, during that time mutual money was used to upgrade the house, you spent 30K, now the house is worth 240k, In Kansas, the way I read their law, the othere spouse is not eligible for the equity from the original inheritance as all future "profits" fron inheritaed property are excluded. However the opther spouse would be entitled to ( in a 50/50 split) to half of the 30k plus what equity profits the improvement meant to the house)
The court can hire an appraiser ( expensive) to do some forensic accounting, or 2) do a little rough justice, and guess that the 30K in improvements probably increased the value 60k; there fore oe half of the 60 ergo 30K the inheritated spouse would have to compensate the other spouse.
( I used rounded numbers for simplicity)
This is simply for educational purposes, in order for you to apply an anaysis to your situation.
Now if you inherited a business or farm, and the other spouse worked taht business or farm for no pay for 30 years, the court is going to compensate that spouse for their contribution.

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Answer 2 / 5 - Submitted 88 days ago...

Reader

Reader

Expert (713)

If you have a written will, how the state would divide your assets under intestacy rules becomes irrelevant.

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Answer 3 / 5 - Submitted 88 days ago...

SRDEsq

SRDEsq

Brain (3,690)

He was asking about his inheritance he received, and if his wife will get half of his inheritance; not if she will inherit his ( her husbands) estate

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Answer 4 / 5 - Submitted 88 days ago...

jmatlock

jmatlock

New User (2)

See my cousin got an inheritance from when his dad died (recently). he is married now for 4 years, and they just split up and she took all the money and put it into an account with her name and her mothers name on it. i dont know all the spacifics of how some of it was spent. also my cousin will be getting more money soon. he has moved out of there house so far. so can she do that with the money, and what i have read, sense they used some of the money to pay off a car and other small things, would she be entitled to the remainder of the the money? because the paif off car is hers. seems to me she cant do that. also i read that if he can prove inheritance money wasnt used for any marital use that she isnt entitled to any of it, what do you think?

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Awarded Answer (What’s This?)

Answer 5 / 5 - Submitted 88 days ago...

SRDEsq

SRDEsq

Brain (3,690)

He nees to run , not walk to an attorney, and get an injuction to keep her from spending a dime, and freeze all those accounts. HURRY, there is still time to today. Even if she isn't entitled, and from what you said, she isn't, onec it is gone, you can't get blood out of a turnip. Get on the phone to your cousin and make sure the atty know she is looting the treasury

 

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