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Because every divorce case is unique and holds information about intricate life-stories of at least two people, the court carefully analyzes each situation before they give a final verdict.

An inheritance can have great emotional value for a person when the inherited goods come from a family member. Naturally, if such an asset becomes the subject of a dispute during a divorce, arguments can get heated.

Every state has its own set of laws regarding divorce, so it’s very important to know them well before pleading your case in front of the court. Because every divorce case is unique and holds information about intricate life-stories of at least two people, the court carefully analyzes each situation before they give a final verdict.

Missouri Laws for Inheritance and Divorce

Property division in Missouri is done equitably between spouses after it is settled what is marital and nonmarital property. In a divorce, only the marital property is split, meaning goods and money that were not co-mingled.

The key thing to getting the whole inheritance or splitting it with your spouse is how you used it after getting it. If you have kept it in a separate, personal account and did not invest it in common property which will be classified as marital in the divorce, your inheritance will generally stay with you.

However, if you put that inheritance in a joint account and/or used it to buy marital property, like a house on both of your names, let’s say, it may be split in between you and your spouse.

In Missouri, the court only has the power to divide what is marital property between the spouses. But there’s an important catch: all property is considered marital until one of the spouses demonstrates otherwise. In other words, you need to provide documentation for any money or assets that you consider to be yours exclusively.

Commingled Property

Because the cases when inheritances are kept exclusively in a personal account are relatively rare, you need to understand more about commingled property. This happens when you use inherited money and invest it in marital property. In Missouri, marital property is defined when both commingling and intent are present, but the only sure way to keep your inheritance personal is to just keep it in a separate account.

Get Help from a St. Louis Divorce Lawyer

It may seem like everything is clear and simple, but the truth of the matter is that each case brings something new to the table, and the court often takes its time to evaluate the equity condition thoroughly. If you worry about having to split your inheritance during your divorce, the best option is to talk to an experienced St. Louis family law attorney and see what you should expect. That way you can plan accordingly and make an informed decision. Give us a call today at (314) 801-8488 .

The aftermath of a divorce echoes in all aspects of your life, from the custody of your minor children to your financial situation, business plans, real estate, and so on.

Divorce is a major change in your social and legal status and you need to make arrangements to adapt to your new life. One of the things you should consider updating after a divorce is your will.

Changing the Executor of Your Will

One of the first modifications is to change the executor of your will it is currently your former spouse. Being an executor is a huge responsibility and you should nominate a person you trust, and who can carry on with the executor duties. In Missouri, the state generally revokes authority roles from your ex following a divorce, so be prepared to choose some alternatives for the executor role.

Property Included in the Will

After the division of assets, you may (almost surely) not have the same property included in your will. Some of it is now owned solely by your ex-spouse, so it should be removed from your will. Following the same principle, if you have gained some properties through your divorce, you might want to include these in your will.

Guardian Nominations for Minor Children

If you and your spouse have minor children, you should revise the guardian role after you get a divorce. It will serve as a strong argument if something happens to you and you want your children to be raised by your own family. This should be discussed with your attorney.

How to Change Your Will in Missouri

You can change your existing will through a codicil. A codicil needs to be witnessed by two-three adults who are sound of mind. If this proves to be too complicated, you can just cancel your existing will and write a new one.

What Happens If You Don’t Update Your Will?

If you don’t get to update your estate planning documents after your divorce, the state of Missouri will generally govern who will inherit your property and who is left with responsibilities such as being an executor or guardian to your minor children.

The details of your will are best discussed with an experienced attorney. They will guide you toward the best decision for your children and the other persons in your life that you would want to inherit your property. Discuss the details surrounding your divorce with an experienced attorney by calling The Betz Law Firm at (314) 801-8488.