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Michigan Law - Inheritances An inheritance is separate property in Michigan. However, it is subject to being divided in the divorce if the judge feels that would be fair under all the circumstances. Cases: Groteleuschen, 113 Mich App 395 (The court determined that the $5,000 the wife received as an inheritance from her mother was part of the marital estate. At the time of inheritance, the $5,000 had been deposited in a savings account. The savings account had since increased in value to $17,000 due to interest and the wife's unemployment benefits. The court treated $5,000 of this account as marital property. This $5,000 compensated the husband for he had taxes paid on the interest from this account, and for two other properties that the court left with the wife. The first other property was a $29,000 savings account. This account consisted of the life insurance proceeds paid to the wife upon the death of one of the parties' daughters. The second property was a $22,000 interest in a home the wife owned jointly with the parties' surviving daughter. The court determined that these two properties were part of the wife's separate estate. This is because the husband did not make much of a contribution to these properties. The husband was awarded $38,000 of army pension benefits as his separate property. Of the $159,000 the court deemed marital property, the husband was awarded 42% or $66,000, and the wife $93,000, or 58%. The parties were married for 36 years and had two children during the marriage.)
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