I have been married for 22 years. I moved out in March 2002 to live with and care for my terminally ill mother, who has just passed away. He has discussed divorce many times. Now he’s stalling. My mother left me her estate. If the divorce isn’t started, is he entitled to this estate as part of a settlement? I live in New York.
As long as you maintain the estate property (including any cash, stocks or other financial accounts) in separate accounts and not co-mingled with your marital accounts and assets, and keep the account solely in your name, they will remain separate property and not marital property, and not subject to division upon divorce.
I strongly suggest that you consider mediation in resolving your divorce. If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter in greater length.
Leonard M. Weiner, Esq./Divorce Solutions