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Inheritance while in prison

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M

Monti Nixon

Guest
My fiance has been in prison (Georgia) for 10 years). We lived together before his imprisonment and have 2 children together. For the pst 9 1/2 years his wife told him they were divorced (by her filing). Recently his father passed away leaving him $100,000 in insurance payments/property. She immediately told him they were never divorced and that she would not be filing for divorce (they were separated 2 years before his imprisonment). He has since filed for divorce but she is claiming she should get half his inheritance since they are still legally married. Is this true or is the inheritance solely his since it was not left to both of them?
 


LegalBeagle

Senior Member
Monti Nixon said:
My fiance has been in prison (Georgia) for 10 years). We lived together before his imprisonment and have 2 children together. For the pst 9 1/2 years his wife told him they were divorced (by her filing). Recently his father passed away leaving him $100,000 in insurance payments/property. She immediately told him they were never divorced and that she would not be filing for divorce (they were separated 2 years before his imprisonment). He has since filed for divorce but she is claiming she should get half his inheritance since they are still legally married. Is this true or is the inheritance solely his since it was not left to both of them?
His 'wife' is in for a shock.. as long as he keeps it in his own account then she has no claim to this money.

 

I AM ALWAYS LIABLE

Senior Member
My response:

Don't say a word to his "wife". Let her spend oodles of money chasing this rainbow. There's no pot 'o gold waiting for her.

An inheritance is ALWAYS the separate property of the person receiving the gift - - whether it be money, property, a car, or the Chrysler Building in New York.

She's chasing rainbows.

IAAL

P.S. However, the State will take the money from him - - even before he can spend a penny. You see, the State has a right to be reimbursed for his Room and Board while being a guest of the State and its taxpayers. By the time 10 years is over, there will be nothing left.

So, the joke's on both of them.

What an idiot !! He blew his freedom by committing felonies, and now he's blown his inheritance !! When he gets out, they'll hand him $100.00 and say, "Have a nice day".

IAAL

[Edited by I AM ALWAYS LIABLE on 01-03-2001 at 09:26 PM]
 

LegalBeagle

Senior Member
I AM ALWAYS LIABLE said:

P.S. However, the State will take the money from him - - even before he can spend a penny. You see, the State has a right to be reimbursed for his Room and Board while being a guest of the State and its taxpayers. By the time 10 years is over, there will be nothing left.

So, the joke's on both of them.

What an idiot !! He blew his freedom by committing felonies, and now he's blown his inheritance !! When he gets out, they'll hand him $100.00 and say, "Have a nice day".
Wow.. did not know that...
 

I AM ALWAYS LIABLE

Senior Member
LegalBeagle said:
I AM ALWAYS LIABLE said:

P.S. However, the State will take the money from him - - even before he can spend a penny. You see, the State has a right to be reimbursed for his Room and Board while being a guest of the State and its taxpayers. By the time 10 years is over, there will be nothing left.

So, the joke's on both of them.

What an idiot !! He blew his freedom by committing felonies, and now he's blown his inheritance !! When he gets out, they'll hand him $100.00 and say, "Have a nice day".
Wow.. did not know that...
My response:

Well, you learn something new every day. Every State has a reimbursement law on the books. The State has an automatic lien on every penny this guy makes until the State is completely reimbursed. And, there isn't a damn thing he can do about it.

States aren't stupid, don'tchaknow.

IAAL
 

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