Notice...advise Given Here Is By Alot Of Ppl With No Law Degree

[kalona681]

What is the name of your state?

 

[enjay]

No way! I'm so shocked.

 

[xrevvyx]

Notice...advise Given Here Is By Alot Of Ppl With No Law Degree

1st off - it's adviCe (see it right at the top left hand corner of the screen ?)

2nd off - it's FREE advice - you get what you PAY for -

jeez - just another idiot trying to get something for nothing -

 

[I AM ALWAYS LIABLE]

xrevvyx - -

Yes, inheritance money can, and most probably will, be ordered to be diverted from the heir to pay child support arrearages. As a matter of fact, if the inheritance is large enough; i.e., that it changes the "lifestyle" of the obligor parent, then that "status" change can be used to increase the current support amount.

IAAL

P.S. I'm writing this to you because you were interested in the answer. I'm not posting this to the "other" thread because I don't want the heir in that thread to hide any money from the child. So, don't impart this information to the writer. If you do, the child will suffer.

 

[xrevvyx]

thank you IAAL ..

what about anything that *I* would get (say from MY parents/grandparents) .. we live in NJ now and that's a community property state .. or should i just have my parents change their wills to leave everything to the child i'm expecting .. cutting myself and my husband out of the equasion entirely ..

 

[I AM ALWAYS LIABLE]

thank you IAAL ..

what about anything that *I* would get (say from MY parents/grandparents) .. we live in NJ now and that's a community property state .. or should i just have my parents change their wills to leave everything to the child i'm expecting .. cutting myself and my husband out of the equasion entirely ..

My response:

First, New Jersey is NOT a "community property State". It is a "separate property / equitable distribution State".

You really shouldn't "influence" your parents as to how they choose to divide their estates, or to whom they give it to, or in what amounts; i.e., you shouldn't say anything. The reason being that you don't want to be later accused of "undue influence" which could nullify a portion of, or the entire, Will.

This is really best discussed between your parents and their attorney. Now, you can certainly "approach" the subject with them, but the final decision MUST be theirs without "undue influence."

Additionally, it wouldn't be wise to leave money to a "child" who doesn't, at this point, exist. If any changes are to be made, you really should wait until you have a "live" birth.

IAAL

 

[xrevvyx]

thank you for the quick education - i seriously thought NJ was community property -

i KNOW what you mean about waiting for a 'live' birth - i was just asking in general if they (my husband's ex and the kids) would be entitled to anything *I* would get from MY parent's estate - even if it were to change our circumstances .. per say..

as for influencing - i would just say something like " hey mom if/when you & dad go over your wills - if you were leaving anything to me i would prefer you left it to "baby" possibly for college etc. (this probably wouldnt happen for a few years anyway)

 

[I AM ALWAYS LIABLE]

thank you for the quick education - i seriously thought NJ was community property -

MY RESPONSE:

The community property states are:

Arizona.
California.
Idaho.
Louisiana.
Nevada.
New Mexico.
Texas.
Washington.
Wisconsin.

Hey, we learn something new everyday, right?




i KNOW what you mean about waiting for a 'live' birth - i was just asking in general if they (my husband's ex and the kids) would be entitled to anything *I* would get from MY parent's estate - even if it were to change our circumstances .. per say..

MY RESPONSE:

Any inheritance YOU receive is, and always will be, your "separate property". That money, if kept "traceable"; i.e., a separate bank account, cannot be taken by any THIRD person merely by virtue of your marriage to your husband, who happens to support a child from a former relationship. That money is YOURS, and YOURS alone (however, there are some extremely rare circumstances where your money could be used for child support, but like I said, it would be EXTREMELY rare). I wouldn't lose ANY sleep over it, because for your money to be used, your husband would have to be a total deadbeat Dad, and his child and child's mother would have to be utterly destitute and living on the streets.



as for influencing - i would just say something like " hey mom if/when you & dad go over your wills - if you were leaving anything to me i would prefer you left it to "baby" possibly for college etc. (this probably wouldnt happen for a few years anyway)

MY RESPONSE:

That's fine. Just don't say anything like, "You have GOT to change your Will to say . . ."


Good luck.

IAAL

 

[tammy8]

I got no law degree but I gots me an insurance license (I know IAAL will love that sentence especially from a southern girl )!!!!

If you don't get the answer you want then go out and buy you a big powerful local attorney who will likely tell you the same stuff we do on here!

 

[HomeGuru]

I got no law degree but I gots me an insurance license (I know IAAL will love that sentence especially from a southern girl )!!!!

If you don't get the answer you want then go out and buy you a big powerful local attorney who will likely tell you the same stuff we do on here for free.

 

[spawn_x]

ah'm ah treeshade mekanik and ahh network admin with ahn iq of ah 40.

ah'm also canadian.. eh?