Money inherited from a relative is almost always, is always considered a gift of non-marital property. In the case in which the relative who was dying or deceased had left it to the one spouse over the other, that is always considered non-marital property. There are situations in which then it can become that but again, that’s fact specific and you have to look at each specific case. You could then make that into marital property, but if you keep it separate and it was received via the bequest or will in that sense then, it would most likely remain non-marital.
Sean Sullivan is a family lawyer practicing in the Elmhurst, Illinois area at the law offices of Laura M Urbik Kern, specializing in child custody and dissolution in divorce. Visit his website, www.laurakern.com, and Divorce Magazine profile.