Protecting Assets, No Divorce

[glo615]

What is the name of your state (only U.S. law)? New Jersey

My mom (81 yrs old) has been separated from my dad for about 50 years, but not divorced. My dad has been living in California for the last 35 years and recently died in the hospital. The deed to her house was put solely in her name in 1970 using an attorney. She is concerned about her other limited assets, an IRA type annuity and her mutual fund account possible being at risk from any unpaid medical bills from my dad's recent surgery and 4 week hospital stay. She wants to make sure her house is truly safe also. She remembers paying him a dollar when the deed was put in her name.

My mom is on SSI, but still wants to make sure she is safe from and judgements, etc. Thank you.

Philip

 

[Farfalla]

What is the name of your state (only U.S. law)? New Jersey

My mom (81 yrs old) has been separated from my dad for about 50 years, but not divorced. My dad has been living in California for the last 35 years and recently died in the hospital. The deed to her house was put solely in her name in 1970 using an attorney. She is concerned about her other limited assets, an IRA type annuity and her mutual fund account possible being at risk from any unpaid medical bills from my dad's recent surgery and 4 week hospital stay. She wants to make sure her house is truly safe also. She remembers paying him a dollar when the deed was put in her name.

My mom is on SSI, but still wants to make sure she is safe from and judgements, etc. Thank you.

Philip

Did you dad have a will? Did he have any assets that are worth anything when he died?

 

[Ohiogal]

Dad can take against a will his intestate amount even if mom has disinherited him. If she wants to be free, she needs a divorce.

 

[Farfalla]

Dad can take against a will his intestate amount even if mom has disinherited him. If she wants to be free, she needs a divorce.

Her husband is already dead. She cannot get a divorce now.

 

[Farfalla]

glo615....

This question really belongs in the probate forum, not the divorce forum.

 

[glo615]

I will put this question in the probate forum as you advise. Thank you.

Philip

 

[Farfalla]

I will put this question in the probate forum as you advise. Thank you.

Philip

Be sure to come back here and check too for responses.

 

[Ohiogal]

Her husband is already dead. She cannot get a divorce now.

Missed the dead part. Sorry about that.

 

[Farfalla]

Missed the dead part. Sorry about that.

Oh it's easy to miss such details, especially when its posted in the divorce form... sort of presets the reader's frame of mind.

 

[LdiJ]

I am going to add something here. They have been separated for 50 years, its unlikely that there is anything out there tying them together, unless his name is still on her house or something like that.

Her assets may be safe simply because the creditors may have no idea that she even exists as his spouse.

 

[Farfalla]

I am going to add something here. They have been separated for 50 years, its unlikely that there is anything out there tying them together, unless his name is still on her house or something like that.

Her assets may be safe simply because the creditors may have no idea that she even exists as his spouse.

Yep... if he did not have an estate that was in excess of his debts, it might be best to just keep a low profile in this.

We are going through something similar in Florida with my inlaws. They have been separated for about 34 years. In FL his debts are not hers. So my MIL cannot be held responsible for his debts. Plus we believe that his estate will cover his debts we are headed to probate with an intestate estate.