Video Title: Inheritances often come with both opportunity and questions.
Recording Date: February 24, 2026
Today’s Dear FineMark question comes from a woman who recently received a substantial inheritance from a family member. She and her husband have been happily married for years, but she wants to be informed. She writes:
“My husband and I want to invest this inheritance and use it to play catch-up on our retirement savings. I don’t want to assume anything will go wrong in our marriage, but I also want to make sure these funds remain mine if circumstances ever change. How do I keep this inheritance separate from our marital finances?”
Today’s “Dear FineMark…” question was answered by
Private Wealth Advisor, Read Sawczyn
FineMark Bank & Trust, a division of Commerce Bank, Fort Myers
It’s a fair question and one, as advisors, we are often asked. Before I answer, it’s important to note that inheritance and property laws vary by state. So, we always encourage you to work with both your financial advisor and an estate planning attorney who understand the rules where you live.
In most cases, inheritances are considered separate property. That means even if you’re married, the inheritance belongs to you alone. But here’s the part that often surprises people: what you do with the money after you receive it can change that status.
There’s one key word to understand here, commingling. If you deposit inherited funds into a joint account, use them for shared household expenses, or move them into retirement accounts funded by both spouses, those dollars can become commingled. And once that happens, it can be very difficult, sometimes impossible, to prove the inheritance is still separate. Here are some things to consider, if you want to keep these funds separate.
First, keep the funds in an account titled in your name only. A separate account held solely in your name is often the best starting point.
Second, avoid using inherited money for joint expenses. Even small withdrawals for everyday household needs can blur the lines over time.
And third, be especially careful with retirement accounts. Contributions made during marriage to IRAs, 401(k)s, and other qualified plans are generally considered marital property, regardless of whose name is on the account.
Instead, inherited funds can often be invested through an account structured in your name and managed as part of your broader investment strategy. This allows you to plan for long-term goals like retirement while helping preserve the separate nature of the inheritance.
If you have any questions, you’d like us to explore with you, please let us know. We’re always happy to help.
