She refused to put the money into a bank joint account.
My wife claims that the will stipulated that she do that in case of divorce.
We have been having marital issues lately.
I have not seen a copy of the will.
-T.
Dear T.,
Wills become part of the public record once theyre filed in probate court.
That said, it probably doesnt matter much for your purposes what your mother-in-laws will states.
Shes allowed to keep it in aseparate account, even if the will didnt stipulate that she do so.
Most assets acquired during a marriage are considered marital property, which means they belong to both spouses.
If a couple divorces, the rules for splitting marital property depend on the state.
The other nine states are community property states, where marital property is typically split 50/50.
You brew coffee at home, you dont walk into Target and you refuse to order avocado toast.
(Can you sense my millennial sarcasm there?)
You know which ones were talking about: rent, utilities, cell phone bill, insurance, groceries…
They belong solely to the spouse who received the inheritance.
You wouldnt get part of that money in a divorce.
I get that this isnt the answer you want to hear.
But try putting yourself in your wifes shoes.
Theres a big risk in giving your spouse access to an inheritance when your marriage is on rocky turf.
Plus, with a joint account, either owner can withdraw the entire balance at any time.
If thats a major concern, perhaps it does make sense to obtain a copy of the will.
Id caution against confronting your wife if what you find contradicts what shes told you.
A conversation that starts with look what I found at the courthouse probably wont end well.
If you want to secure your marriage, focus on whatever issues youre dealing with instead of this inheritance.
That money isnt yours.
Robin Hartill is a certified financial planner and a senior writer at The Penny Hoarder.
Send your tricky money questions to[email protected].
