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Cases of Interest: Inherited Property
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INDIANA: Wallace v. Wallace, 714 N.E.2d 774 (Ind. Ct App. 1999).
In an "all property" state decision, the exclusion of stocks gifted to and solely inherited by the husband from consideration as marital assets was an abuse of discretion.
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INDIANA: Hacker v. Hacker, 659 N.E.2d 1104 (Ind. Ct. App. 1995).
The husband's potential inheritance of a family farm was too speculative to consider as an economic circumstance justifying an unequal distribution in the wife's favor, although his continued rent-free use of the farm could be taken into account.
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FLORIDA: Farrior v. Farrior, 736 So. 2d 1177 (Fla 1999).
The wife did not convert her separate assets into marital property merely by pledging them as collateral for the couple's joint debt.
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MASSACHUSETTS: Zeh v. Zeh, ___ Mass. App. Ct. ___, 618 N.E.2d 1376 (1993).
Husband's inheritance from his father, who died five years before divorce hearing, fell within category of assets subject to division, even though the legacy had not yet been distributed.
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MICHIGAN: Dart v. Dart, 459 Mich. 878, 597 N.W.2d 82 (1999).
In a "dual property" state, property received as an inheritance and kept separate from marital property is separate property and is not subject to distribution.
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MONTANA: Stoneman v. Drollinger, ___ Mont. ___, 14 P.3d 12 (2000).
The husband inherited certain property from his grandmother. Portions of this inherited property were sold and used to purchase buffalo.
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MONTANA: In re Marriage of Beadle, ___ Mont. ___, 968 P.2d 698 (1998).
A spouse's possible future inheritance may never be included in the marital estate.
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MONTANA: In re Marriage of Smith, ___ Mont. ___, 871 P.2d 884 (1994).
The trial court could not include property inherited by the husband during separation in the marital estate, where the wife did not make any contribution to the inherited property.
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