INHERITANCE

Nov 27, 2018

Question #325:Hi, I am hoping you can answer a question for me. First a brief history…. My husband and I had 4 children and then separated after being together for 19 years (married for 17). We have been separated for 18 years and are finally getting a divorce. I see in the papers (he sent over for me to sign) it mentions his retirement fund being his separate asset and that maintenance was not ordered. Before I sign these papers I am curious and would like to find out if I am entitled to anything considering how long we’ve been separated (not legally separated). By the way, I live in Washington state. I would like to know if I would be entitled to spousal maintenance, part of my husband’s retirement fund, or inheritance he just received due to his mother passing away. Any advice you can give me is greatly appreciated. Thank you for your time and have a wonderful day.

Do Not Sign the Papers! Unless you had a legal separation 18 years ago, you are still legally married and any property or asset, including your spouse’s retirement account is a marital asset, to which you would be entitled to a share. Any inheritance he received ,if kept in his name only, is separate property, […]

Nov 27, 2018

Question #309:Am married to my husband in New York City for 23 years. We’ve lived apart for 22 of those years. We do not have a legal separation agreement. We file our taxes separately. We have a 23 year old son. I do not have assets, just debt. I recently came into a financial windfall, is he entitled to half of this money? Can I go to a lawyer to have a post nuptial agreement which will award him some money but nowhere near what he would get if we went to court? If he accepts this agreement, can I also stipulate that he has no claim to anything else from me or whatever I may give to our son? He’s not a bad guy, just a deadbeat. He supported my son for the 1st 15 years of his life. That money went to education only. I assumed all other responsibilities.

The source of the “windfall” (i.e. was it an inheritance, lottery winnings, etc.) is very important to determine if your spouse has an interest in those funds. Please call me at 212-370-1660 to arrange for an appointment to discuss this matter in greater detail. Divorce Solutions Leonard M. Weiner, Esq. 212-370-1660

Oct 30, 2018

Question #140:I and my wife live in Virginia. We have two underage children and we own our own home. I have several questions. I want to pursue having a legal separation. My wife and I don’t have any rancor toward one another so we want to do this as cheaply as possible, but we do want to ensure our individual interests and our children’s interests are protected. I will be moving out of our joint home (as a residence), but we still want me to maintain joint ownership of the home (as property). Is this possible? We really don’t want to sell our home, because we want my wife and the kids to continue to live there. Also, the home is my primary investment in my future and I don’t want to give it up, and my wife is okay with this. Neither of us can afford to buy our share of the home from the other. Also, I am bisexual and will likely pursue an intimate relationship with a man after my wife and I legally separate. My wife understands and accepts this. But, if I did so, would I be violating a legal separation agreement? One of our goals for the legal separation is so that I can explore in this area of my life. If a legal separation prohibits sexual contact with another person (in my case, a male), what do I do? Finally, I am in the will of an elderly relative to receive a small inheritance. It seems greedy, but my wife has more resources than I do, and I would like to see that I receive the full small inheritance when that time comes. Would a legal separation ensure that it would come entirely to me, or would I still need to split the small inheritance with my wife? I want to do what’s right, but given my financial circumstances, I’m not in a position to do more than what’s right.

I believe your situation is ripe for mediation. You should engage in an experienced attorney-mediator who can draw up the Separation Agreement which should provide for retaining the home as “tenants in common” instead of “as husband and wife” but which will allow your wife and children to remain in the home, and for you […]

Oct 30, 2018

Question #97:I am due to inherit (as beneficiary on bank accounts and as Trustee of a Family Trust) a large sum of money upon the death of my mother. Naturally, I’m writing because my marriage is looking more and more like a ship off course…My question: Should I inherit the monies mentioned above, keep them in accounts only in my name (perhaps my children’s names as well), and keep a paper-trail showing the money was inherited, will it be safe should a divorce ensue – even several years from the date of inheritance?

You have the exact right idea! As long as you keep all of the inheritance, including all assets, stocks, money etc. inherited in separate accounts, not co- mingled with your marital assets, and keep them in your name, those assets will remain separate property, not marital property, and will not be subject to division upon […]

Oct 30, 2018

Question #89:My parents have been married for 32 years. They are miserable and should have been divorced 30 years ago. They stayed together for my brother and I. My father was emotionally unavailable and verbally abusive our whole lives. My Mother wants to leave him but is fearful of how she will win a divorce case with him. She inherited money from her father that is left in her name only. She could survive on this alone, but is fearful he will take it in the divorce. How would this work and how can she be protected. She is 60 years old and scared. Any advice would help us. Thanks

Any asset including money received by inheritance and kept separate in the recipient’s name is separate property and not marital property and is not subject to equitable distribution upon divorce. If your parents live in the NYC metro area please have them call me at 212-370-1660 to discuss mediating their divorce. Leonard M. Weiner, Esq.Divorce […]

LEONARD M.WEINER, ESQ, Ph.D.

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