Need answers for a friend

[kdhohio]

What is the name of your state? Michigan. Need answers for a friend of mine.

Mary and John have been married 10 years and have 2 children together. John has filed for divorce. When they married, Marys family gave them a good deal on buying Marys family farm. They built a new home on this property they pay approx 1100.00/month on it. Johns grandmother owned a farm. Grandmother passed away in Dec. 2006Grandmother had altzheimers (sp). John is executor of her will. She willed her farm to John. According to John the property was willed to him after he was married with the wording that excludes Mary from touching it. Mary has not seen the will or any court documents concerning the property. Altho John did use funds from their mutual account to hire a lawyer to deal with this property. According to John this property is still in probate. (she thinks he is keeping it in probate till after their divorce is final in October). Because John is the major breadwinner (Mary could never afford the 1100.00/month payment) John is buying Mary out of her half of what was originally her family farm. And he will keep all of the willed property (which is paid for). Is Mary entitled to see said will? Will keeping property in probate keep it out of divorce settlement? Any answers or advice is greatly appreciated. Thanks

 

[Ohiogal]

Inherited property is separate property and belongs solely to John. However John should not be paying the probate attorney out of marital income but rather the attorney should be paid out of the estate. Mary should ask for that money back.

 

[kdhohio]

Thanks Ohiogal....Not what I thought but I have been wrong a time or two

Just for info....so If a Man is willed a farm...he is married...and they spend the next 10 years building, improving, whatever...then divorce, wife has no right to it?

Or is it just because in my case that they have not acquired it or done anything with it yet?

 

[LdiJ]

Thanks Ohiogal....Not what I thought but I have been wrong a time or two

Just for info....so If a Man is willed a farm...he is married...and they spend the next 10 years building, improving, whatever...then divorce, wife has no right to it?

Or is it just because in my case that they have not acquired it or done anything with it yet?

If they spend marital funds building and improving the property, then there is marital interest in the property. So the wife in that instance would have a marital interest in the property.

In this case, its because no marital funds have been spent in improving or maintaining the property.

 

[Ohiogal]

If they spend marital funds building and improving the property, then there is marital interest in the property. So the wife in that instance would have a marital interest in the property.

In this case, its because no marital funds have been spent in improving or maintaining the property.

What Ld said.

 

[nextwife]

Sounds like they spent marital funds as tenants, if the property was not even owned by John. That may change things- one can't comingle marital funds into seperate property if a third party owns the property.

 

[Ohiogal]

Sounds like they spent marital funds as tenants, if the property was not even owned by John. That may change things- one can't comingle marital funds into seperate property if a third party owns the property.

The farm he inherited is a separate farm from the one they were living on NW.

 

[LdiJ]

What is the name of your state? Michigan. Need answers for a friend of mine.

Mary and John have been married 10 years and have 2 children together. John has filed for divorce. When they married, Marys family gave them a good deal on buying Marys family farm. They built a new home on this property they pay approx 1100.00/month on it. Johns grandmother owned a farm. Grandmother passed away in Dec. 2006Grandmother had altzheimers (sp). John is executor of her will. She willed her farm to John. According to John the property was willed to him after he was married with the wording that excludes Mary from touching it. Mary has not seen the will or any court documents concerning the property. Altho John did use funds from their mutual account to hire a lawyer to deal with this property. According to John this property is still in probate. (she thinks he is keeping it in probate till after their divorce is final in October). Because John is the major breadwinner (Mary could never afford the 1100.00/month payment) John is buying Mary out of her half of what was originally her family farm. And he will keep all of the willed property (which is paid for). Is Mary entitled to see said will? Will keeping property in probate keep it out of divorce settlement? Any answers or advice is greatly appreciated. Thanks

Just to clarify any points upon which people may be confused, I am going to recap:

Two farms

One came from Mary's family. She and John BOUGHT that farm and extensively improved it..spending marital funds to do so. Therefore its 100% marital property. Unfortunately, that's a sad thing, because since Mary can't afford to buy him out, or even to make the payments herself, he is essentially ending up with what probably would have been her inheritance. Lets hope that they have children, and John will make sure that the children eventually inherit the farm.

One came from John's grandmother, it is not even through probate yet. Yes, John did spend some marital funds on the attorney, and John needs to pay that back to the marital community, because the attorney fees should have come out of the estate. Other than that, its separate property because its an inheritance, and because no marital funds have been spent to improve or maintain the property.

Then, the third scenario which does not apply in this case. John and Mary don't get divorced now. John inherits the farm from his grandmother and they spend marital funds maintaining it and improving it. They divorce 10 years down the road. Mary at that point DOES have a marital interest in the farm.

 

[kdhohio]

Thanks alot for the answers everyone

LdiJ.... excellent clarification!!!! Scary when someone else can take my thoughts and put them on paper better than I can. I'll have to keep that in mind next time I have a question.