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Inheritance and Divorce Lawyer

Inheritances and trusts that came into being before a marriage are considered separate property. However, proving that the inheritance is separate property is another matter. The burden of proof lies with you. The attorneys at Alex R. Hernandez Jr. Trial Lawyers PLLC can help you with proving that your inheritance is indeed separate property. It’s not easy, especially of the inheritance has been commingled with marital property.

We understand the attributes of trusts and inheritances and know what the law demands so that a fair settlement can be arrived at.

If need be, we work with forensic accountants and question witnesses to trace the history of the assets and ascertain their true character. We can also help you protect your inheritance by drawing a watertight pre-nuptial or post-nuptial agreement. This will allow you to breathe easy that in case of a divorce, your separate property is protected.

Under Texas law, all assets that exist at the time of divorce are community property. As mentioned above, the onus of proving your claim of separate property lies on you.

Money or real estate received as inheritance often becomes a community asset as time passes. At the time of a divorce, it is important to establish the extent to which the inheritance is separate and what part of it is community property. Many scenarios can play out with inherited wealth during the course of a marriage. These have a bearing on determining the right way to split property.


Main Office, Corpus Christi:

921 N. Chaparral Suite 100
Corpus Christi, Texas 78401

Phone: 361-454-1000

San Antonio Office:

700 N. St. Mary's Suite 1400
San Antonio, Texas 78205

Phone: 210-904-1000

Austin Office:

3800 N. Lamar Suite 200
Austin, Texas 78756

Phone: 512-543-1000

Edinburg Office:

204 E Cano
Edinburg, Texas 78539

Phone: 956-242-7000

Houston Office:

1700 Post Oak Boulevard 2 Blvd Place
Houston, Texas 77056

Phone: 713-660-7018

Laredo Office:

1100 Matamoros Suite 200
Laredo, Texas 78040-7804

Phone: 956-242-7000

Dallas Office:

2911 Turtle Creek Suite 300
Dallas, Texas 75219

Phone: 972-363-6616

Victoria Office

101 W. Goodwin Suite 750
Victoria, Texas 77901

Phone 361-575-3101

Port Lavaca Office

402 W. Main St.
Port Lavaca, Texas 77979

Phone 361-552-3100

Brownsville Office

222 N Expressway 77 Suite 100
Brownsville 78521

Main Phone 956-242-7000

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