tammylucy
New
Reged: 05/07/08
Posts: 3
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The divorce nor a legal separation has not yet been filed. Husband received some sum he will not disclose from his fathers will. Am I entitled to 1/2 or part of this money?
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germangirl631
Platinum
Reged: 04/04/08
Posts: 1331
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As far I as know, Nope. Inheritance belongs to solely to the recipient. Any income/interest from that inheritance could be divided, though.
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gigi
Platinum
Reged: 11/06/06
Posts: 5175
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No. You don't get his Dad's money by marrying him. If you stay married and he chooses to spend the money to have fun or increase his lifestyle, then you can have the fun of the increased lifestyle becasue your husband is living it, but you don't get to keep it when you leave him. It was his Dad's money, not yours. It was not earned by your husband, but his dad was nice enough to want him to have the advantage of it when he (the dad) was finished needing it. Nice for your husband. And nice for anyone who is currently living with him, kids or girlfriends or wives... But his Dad's estate has no meaning for his ex (or the woman who is divorcing him).
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Jada
Platinum
Reged: 06/02/07
Posts: 3499
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[quote]The divorce nor a legal separation has not yet been filed. Husband received some sum he will not disclose from his fathers will. Am I entitled to 1/2 or part of this money? [/quote]
No, it is considered separate property. Especially since he has made it clear that he is not co-mingling it in anyway.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2311
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Unlikely but possible ( in a way ) depending on where you live . If you live in a community property state you're out of luck . If the state you live in practices equitable distribution , a spouses's separate property can effect the ultimate disposition of marital property and in a very few instances, separate property can be transferrred to make to the spouse without separate propery to make the final judgement " equitable " .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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tammylucy
New
Reged: 05/07/08
Posts: 3
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I he received a life insurance payment- is that not entitled either?
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gigi
Platinum
Reged: 11/06/06
Posts: 5175
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No. It's not yours.
HOWEVER, generally, if your ex decided to quit work because he's rich over the inheritance and insurance from his father's death, then the court would count up your entitlement to alimony or child support based upon him NOT quitting work. And if you were married to... oh, let's say Paul McCartney just for the fun of it... and he was able to sit back and do nothign for the rest of his life because of everything he already did and owned before he married you and so it's all separate property... (like the inheritance)... and while you were married the two of you lived off his separate property and that made it so that you got this expectation of never having to work again so you never ... I dont' know, renewed your license to be a nurse (what happened to a friend of mine)... or... let's say you were a high fashion model when you married him and your work slowed down because you had his baby... and then by the time of the divorce you were no longer marketable as a high fashion model because of age, time spent out of the limelight, and having his baby... well, it's likely that you'll end up with some of his separate property.
But that's a case where he's SOOOO rich that he really won't miss the fact that one of his bazillion dollars worth of houses is no longer in his estate and is being lived in by his child, whose mother is also there and is your ex.
There are circumstances, REALLY RARE circumstances, where you can find a way to convince the judge to give you a piece of his inheritance. But you have to have a REALLY GOOD reason. Not just that you wnat it and he's a jerk and is dad loved you or whatever. If his dad wanted you to have it, he'd have written a will for you to get it instead of his son.
If yours is the ordinary situation, the time you spend trying to get part of his inheritance will be a waste of lawyer's fees and a huge disappointment to you in the end.
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