i seperated from my wife march, 07. My aunt died november 07. The will states an equal split between myself and 4 others, my wifes mane is not one of them. According to PA law, is she eligable for any of the inheritance i will soon receive?
§ 3501. Definitions (a) General rule.-As used in this chapter, Òmarital propertyÓ means all property acquired by either party during the marriage, including the increase in value, prior to the date of final separation, of any nonmarital property acquired pursuant to paragraphs (1) and (3), except:
Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage. Property excluded by valid agreement of the parties entered into before, during or after the marriage. Property acquired by gift, except between spouses, bequest, devise or descent. Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets. Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation. Veterans' benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), [38 U.S.C. 3101], as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veteransÕ compensation. Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation. Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.
(b) Presumption.-All real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection (a).
The inheritance isn't subject to distribution but can effect the ultimate division of marital property , your separate property could result in you receiving less of the marital estate .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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