News & Analysis as of

Inheritance Marital Assets Divorce

Cozen O'Connor

BC Court of Appeal Clarifies the Appropriate Approach to Tracing Co-Mingled Property

Cozen O'Connor on

In the recent case of Mills v. O’Connor, 2025 BCCA 34, the BC Court of Appeal offered some fresh insight on the relatively new and unsettled area of tracing property under the Family Law Act (the FLA). Under the FLA, the...more

Offit Kurman

Understanding Inheritance and Equitable Distribution in South Carolina Divorce

Offit Kurman on

Dividing assets in a divorce is often a complicated and emotional process, and when inheritance is involved, the stakes can be even higher. In South Carolina, inherited property is generally considered separate from marital...more

Lasher Holzapfel Sperry & Ebberson PLLC

Financial Documents to Gather for Your Divorce

Managing personal finances is stressful, and many people are glad to let their spouse take the lead on paying bills, filing taxes, managing investments and the like. However, when preparing for divorce, you should have a good...more

Fox Rothschild LLP

PreNuptial Agreements in the Age of Great Wealth Transmission.

Fox Rothschild LLP on

Axios published an article this week about what it terms the “growing acceptance” of prenuptial agreements. The sum of the article is based on a Harris poll reporting that 50% of those interviewed support the idea of couples...more

Fox Rothschild LLP

Equity Overcomes The Law In A Land Title Case

Fox Rothschild LLP on

First, foremost, the case decided on October 12, 2022 is non-precedential, leaving the bench and bar to debate whether it matters.* But, the decision in Nally v. Nally, 163 EDA 2022 is going to make the real estate community...more

Fox Rothschild LLP

Are You Living in the “Shadow” of Wealth?

Fox Rothschild LLP on

In recent years there has been an evolving literature devoted to income and wealth disparities between the “top tier” of Americans and what is often termed “the rest of us.” The data seem fairly clear. Whether this disparity...more

Lasher Holzapfel Sperry & Ebberson PLLC

In re Marriage of Watanabe: Washington Divorce Law: Still No Joint Title Gift Presumption

The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established...more

Lowndes

Protecting Your Inheritance with a Prenuptial Agreement

Lowndes on

When you're planning a wedding, discussing a prenuptial agreement with your soon-to-be spouse may not seem exciting or may even feel uncomfortable. Yet, no one knows what the future holds, and a prenuptial agreement can...more

Ruder Ware

Protecting Your Inheritance

Ruder Ware on

So you’ve received an inheritance and you’re married. The person who left you the inheritance probably intended for it to benefit you, not your spouse, if you get divorced. How do you protect the inheritance?...more

Stange Law Firm, PC

Does It Matter How Property is Titled in Divorce?

Stange Law Firm, PC on

Many individuals wonder whether it matters how property is titled in a divorce. In other words, some theorize that if an asset is in their individual name, it might mean that they will receive this asset in a divorce. It...more

Dickinson Wright

5 Tips for Keeping Gifts and Inheritances Received During the Marriage as Separate Property

Dickinson Wright on

The presents are unwrapped, and gifts exchanged. But that gift with your name on it, or that new vehicle in the driveway with a big bow on top, is it really yours? Or, in the event of a divorce or legal separation, is it...more

Lewitt Hackman

I Expect an Inheritance: Do I Really Need a Prenuptial Agreement?

Lewitt Hackman on

YES! If you don’t have a prenuptial agreement the California Family Code applies. You might as well familiarize yourself with California law and decide whether you want to opt out via a prenuptial agreement....more

Stange Law Firm, PC

Inheritance and the Perils of Commingling

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Inheritance is an event that eventually happens in the life of many. When a family member becomes deceased, or even a close friend, an individual may inherit a piece of their deceased family member’s or friend’s estate....more

Smith Debnam Narron Drake Saintsing & Myers,...

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan...more

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