Can my spouse claim half of my inheritance in Texas?

Question

I am concerned about whether my spouse can claim half of my inheritance money, which includes insurance money and a bank account willed to me, once my parent passes away. We don't have any prenuptial agreements, and my financial obligations have been separate from my spouse, who is financially secure, for over a year. I am on social security mental disability benefits, and my spouse has expressed interest in obtaining the money. How is inheritance treated in Texas in this situation, and what steps can I take to protect it?

Isaac Shutt · Answer

Inheritance is separate property when inherited. However, some people run awry when they blend their separate property with community property.  So, keep your separate property separate!

James L. Arrasmith · Answer

In Texas, inheritances—including money from insurance policies and bank accounts explicitly willed to you—are generally considered your separate property. Your spouse typically does not have an automatic right to claim half of this inherited money, even without a prenuptial agreement. 
 
However, it's crucial that you keep your inheritance entirely separate from marital funds. If you deposit this money into joint accounts or mix it with marital assets, it could become commingled and potentially considered community property. To safeguard your inheritance, open and maintain a separate bank account solely in your name, and avoid using these funds for joint expenses or purchases. 
 
Considering your spouse has shown interest in your inheritance, you may wish to consult privately with a Texas family law attorney to discuss creating a clear paper trail. Documentation confirming the inheritance as separate property helps protect your assets in the event of any future disputes. Taking these precautions now can give you peace of mind regarding your financial security and stability.

Q: Can my spouse claim half of my inheritance in Texas?