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Divorce and Inheritence

Discussion in 'General Discussions' started by RadiantCat, Jan 20, 2010.

  1. RadiantCat

    RadiantCat Gold IL'ite

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    I am starting a pretty sensitive thread, which I believe should benefit several of us here. I am trying to understand the scenario that works in the US as well as in India.

    My questions are:

    1. Can children of a divorced couple inherit their parents property? For example, the lady has the complete custody of the child and when the child becomes a major, can he inherit or claim inheritence of either or both of the parents properties?
    2. What happens if either of the divorcees decease, will it naturally be awarded to their child taking into the consideration of the other spouses from the later marriages?
    I'd be grateful, if anyone of you could advise the group or share your experiences.
     
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  2. roses_bloom

    roses_bloom Junior IL'ite

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    1. Can children of a divorced couple inherit their parents property? For example, the lady has the complete custody of the child and when the child becomes a major, can he inherit or claim inheritence of either or both of the parents properties?
    Yes, children of divorced parents can inherit parents' property even if that that parent was not the 'primary' custody holder. However, just by becoming a major a child can not claim any rights. Rights can be claimed only when
    a. there is a will that states what happens to the person's property when they die and the person has clearly left something to their child
    b. there is no will when the parent dies and then the child can contend to be a rightful inheriter

    again, just because a minor becomes a major does not impact what the child can inherit while the parent is living. As long as the parent is alive and the property is in the parent's name, the property belongs only to that person.

    2. What happens if either of the divorcees decease, will it naturally be awarded to their child taking into the consideration of the other spouses from the later marriages?

    If the divorced parents pass away there can be 2 scenarios:
    1) There is a will - in that case it should be very clear how the person wanted their property or whatever to be divided
    2) if there is NO will - in that case, the surving spouse and children (regardless of which marriage the child was from) will inherit the property in equal parts.

    It's always good to have a will, no matter how young or old one is.

    Hope this helps
     
  3. ShilpaMa

    ShilpaMa IL Hall of Fame

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    Canwait,

    It depends on your divorce note.
    If the spouse mentions on custody note that the child has nothing to do with the other parent & his/her custody is completely bestowed upon with only one parent.

    I learnt it from the property deal we did, where the separation note clearly mentioned that the separated partner & the child from that marriage had no rights on X's property as complete custody was given to that parent with full and final settlement in form of alimony.. and henceforth the child or mother can't claim any share from X's willed/ unwilled / inherited property. Our bank loan was approved only after this line was highlighted.

    Mey.. its just fine if a person has a query on this forum.. pls take it constructive instead of bashing him/her up.. derive conclusion only after reading all their posts & agony of life. If you're really in doubt about their intentions.. might as well confirm before a final blow.
     
    Last edited: Mar 2, 2010
  4. RadiantCat

    RadiantCat Gold IL'ite

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    Thanks to Shilpama and Rose. First I don't have children on my own. My question is very objective and not subjective in any case. Divorce is only between the husband and wife and not with the child. When the child's custody is taken by either parent when it is a minor the parents decides on its behalf. When the child is a major the case is different.

    In my post, I never mentioned whether the child can inherit only from the father or only from the mother. It was a general query about Divorce and Inheritence. In most cases, the custody is taken by the mother.

    These things matter when people enter another marriage. They would want to have a clean life henceforth and not entangle in yet another legal mess. I believe there's no harm in knowing these legalities as longs as one is not schemeing to usurp others properties.

    Anyways, Rose had answered my question pretty well that I did not continue with any more questions.
     
    Last edited by a moderator: Mar 4, 2010
  5. Foundlove

    Foundlove Gold IL'ite

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    Good Luck CanWait..If you have any more queries let us know.Shilpama and Rose did a great job in giving you answers.
     
    Last edited by a moderator: Mar 4, 2010
  6. asuitablegirl

    asuitablegirl Gold IL'ite

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    Canwait... just noticed your profile pic of the parrot. He's beautiful! Is that your bird??? I went to a pet store the other day to buy cat food and I saw a bunch of tropical parrots there, they were soooooo nice!
     
    Last edited by a moderator: Mar 4, 2010
  7. kuccoo

    kuccoo New IL'ite

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    We'll look just beyond the concept. As per law, there should be the rights to take over the property of Father rather he has to accept. B'se it'll be the full freedom to giveup or refuse from the father side.. Am i correct?
     
  8. SriVidya75

    SriVidya75 Platinum IL'ite

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    CW...This is good discussion, people should be educated on such topics...as I said in my previous post...as soon as money/ Insurance related questions are raised by women it turns out that men think all that the women cares is MONEY...but here its more about future planning and clarification on what can/cannot be expected!
     
    Last edited by a moderator: Mar 4, 2010
  9. RadiantCat

    RadiantCat Gold IL'ite

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    Thanks ladies. We must gain as much knowledge as possible. Gaining weight is bad but not knowledge eh??

    @ASG, I don't own a parrot. I photographed the bird from the Detroit Zoo last summer. They have a fairly good collection of birds in the zoo.
     
    Last edited by a moderator: Mar 4, 2010
  10. asuitablegirl

    asuitablegirl Gold IL'ite

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    Wow, his colors are very vibrant! Cool pic.
     

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