Generally, inheritances are not subject to equitable distribution because inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance and are not be divided between the parties in a divorce.
Moreover, is inheritance an asset in divorce?
In the overwhelming majority states, an inheritance is considered separate property, belonging exclusively to the spouse who received it and it cannot be divided in a divorce. That holds true whether a spouse received the inheritance before or during the marriage.
Herein, is a wife entitled to her husband’s inheritance if he dies?
Article 996 of the New Civil Code provides that “[I]f a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children.”