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What inheritance?

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bethco

Guest
My soon to be ex is claiming that I owe him inheritance money. When my husbands father passed away a few years back he named only his children as beneficiaries to the house that he and his wife lived in. When his wife wanted to sell the home, she had to get a written release from all the children and there spouses stating they (we) would hold no claim to the house. Ultimatly the affair went into probate, she sold the house and divided the proceeds between my husband and his brothers and sisters. Now when we recieved our share of the money, we used it to pay closing costs on a house we were buying. Now my soon to be ex says the money was an "inheritance" and I have to pay that back to him. Is this true. Can anyone help. The house was sold in Missouri and my husband and I live in Arizona
 


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advisor10

Guest
(01-18-2001)

How much money is involved here?

How was the inheritance check made out--in both of your names or in your husband's name only?

It would seem that your husband has a very weak claim for trying to get this money back--I think he is doing it for vengeful, selfish reasons. If you both decided to spend the money on a house, then he was jointly responsible for that decision and can not retroactively go back and claim that he now wants the money for something else! Any judge should be able to see right through this phony tactic and your divorce lawyer should explain that this is just a cheap trick!

To get documentation to back up your claim, if you know the month and year that your husband's father died and what city he died in, then you should write to the county courthouse (send me an e-mail if you need the address and phone number for that courthouse, or if you need me to check the Social Security Death Index to get the month and year your father died) to get a copy of his will, specifically the page that shows that your husband was named as a beneficiary, plus a copy of any other documents in the file that show how the house was handled/sold and the proceeds divided. If you can't visit that county courthouse in person you can order the documents by mail.

I don't think you have anything to worry about and I think your husband's claim will be shot down completely! Is this something that he is bringing up in the divorce proceedings or is this a separate threat to sue you to recover just this money?

SINCERELY,

[email protected]
 
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bethco

Guest
re"inheritance?

Thank you so much for you speedy reply. I had hoped that my husbands claim would be considered the revenge tactic. But still even though seperated he still knows how to frighten me. I have contacted the lawyer in Missouri that handled the case and the sell of the house and hope to recieve a reply soon. I don't remember how the check was made out but I do recall a document that requested my signature. Even though my husband refused to sllow me to sign the document and it eventually went into probate I feel as though he cannot claim this money from me. I have a sister in Missorui in the same county even and she is helping gather the documentation needed to address his claim.

Thank you again. You have helped me sooooooooooooooo much.

Beth
 
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advisor10

Guest
(01-20-2001)


I forgot to mention that if you wanted to get additional supporting documentation to establish your claim of innocence, then try to get a copy of any of the closing documents that might show either your husband's signature or both of your signatures. It may turn out that you might not need any documents at all (because the husband's argument for claiming the inheritance is very weak), but it might be good to have it on hand, just in case.

[email protected]
 
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bethco

Guest
documentation in process

I am in the process of doing this through the attorney that handled the probate and through the county records. It is in Missouri and they never have been in a big hurry to do anything. But I have become a patient person these days.

Thanks again for your help.
 

ShyCat

Senior Member
Usually, an inheritance would only remain your husband's sole property if he'd kept it completely separate from marital assets, such as in an individual (not joint) account. If he deposited it in your joint checking account, it's been co-mingled with marital assets and is not his individual property any longer. On the other hand, even if he did keep the money separate, I believe he "converted" it to marital property by using it for closing costs on the marital home.

[Edited by ShyCat on 01-22-2001 at 11:05 AM]
 
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bethco

Guest
Thank you. I had heard something to that effect concerning combining assests. I feel I am pretty safe to assume that he has no ground to stand on. The last time we spoke he slipped up and, in a round about way, admitted he could not get this money back. So be it.
 

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