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Need to help a friend, desperately.

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KatesMelody

Junior Member
What is the name of your state? TX

This is a unique problem that fits more than one catergory.
Part 1
I have a friend who has been having trouble in the marriage. She will get an inheritance of quite a bit after inheritance tax. The info was left in her name only, and the date of the will was updated since they were married. She wants to take the money and leave. I told her, I am not sure but I think it would be divided in court. She said it was in her name only so it wouldn't matter. Other family members and their spouses were named and some were named solely for the amount listed. Will it be divided in court?
Part 2
My friend feels that it is all hers, and in thinking that she wants to offer her husband a portion to sign over his parental rights. I think it is insane, the kids need both their parents, but she has her reasons. I think that this is (most likely) illegal, and if he did agree wouldn't that be signing under duress, or black marketing your own kids from spouse?? I am really confused and her logic escapes me. Please help me so I get help get her head out of the dirt, before she goes to far and possibly loses all together.

I decided to put this in both catergories, I would really like to help my crazy friend. She isn't normally crazy, but with this I am beginning to wonder. I know this must sound completely absurd, I have neved thought anyone would have such a thought, but apparently at least on person does. I would appreciate any help I can give her.
Thank you.
 
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casa

Senior Member
KatesMelody said:
What is the name of your state? TX

This is a unique problem that fits more than one catergory.
Part 1
I have a friend who has been having trouble in the marriage. She will get an inheritance of quite a bit after inheritance tax. The info was left in her name only, and the date of the will was updated since they were married. She wants to take the money and leave. I told her, I am not sure but I think it would be divided in court. She said it was in her name only so it wouldn't matter. Other family members and their spouses were named and some were named solely for the amount listed. Will it be divided in court?
Part 2
My friend feels that it is all hers, and in thinking that she wants to offer her husband a portion to sign over his parental rights. I think it is insane, the kids need both their parents, but she has her reasons. I think that this is (most likely) illegal, and if he did agree wouldn't that be signing under duress, or black marketing your own kids from spouse?? I am really confused and her logic escapes me. Please help me so I get help get her head out of the dirt, before she goes to far and possibly loses all together.

I decided to put this in both catergories, I would really like to help my crazy friend. She isn't normally crazy, but with this I am beginning to wonder. I know this must sound completely absurd, I have neved thought anyone would have such a thought, but apparently at least on person does. I would appreciate any help I can give her.
Thank you.
I agree it is insane, and selfish.

She can check TX Family Law code re; the requirements to Terminate Parental Rights- however, most states require that there be 'cause' and that there is a step-parent willing to adopt, as most states believe a child needs 2 parents.

Re; the inheritance- If it is a large sum of money, she should contact an attorney to advise her. Some states allow what she wants based on it being a gift or inheritance from a family member. I know how this works in CA, but not in TX. I believe it is possible (but I think it's also selfish)
 

BL

Senior Member
She isn't normally crazy, but with this I am beginning to wonder. I know this must sound completely absurd, I have neved thought anyone would have such a thought, but apparently at least on person does. I would appreciate any help I can give her.
Regarding inheritance , yes seek advice of Attorney .

She says it's in her name , only . Family members say it's not true .

They could challenge it .

You can't help her , Consults with an Attorney might , one for the inheritance , and one for Family Law .
 

nextwife

Senior Member
Is the party she is planning this inheritance from actually deceased? Has she seen the will that was filed? Does she know what the estate's expenses are that will first be deducted from the estate? All those are questions about this inheritance.

And, no, she cannot legally buy off her ex to get his rights away. And he can't sign them off in a divorce, even for free.
 

LdiJ

Senior Member
Generally an inheritance is separate property. So if her husband is not named in the will then she is probably correct that her husband won't get a share of it. However, like the others I would recommend that she confirm that with an attorney.

I also agree that she can't "buy off" her husband in regards to their children.
 

KatesMelody

Junior Member
nextwife said:
Is the party she is planning this inheritance from actually deceased? Has she seen the will that was filed? Does she know what the estate's expenses are that will first be deducted from the estate? All those are questions about this inheritance.

And, no, she cannot legally buy off her ex to get his rights away. And he can't sign them off in a divorce, even for free.
Yes she said she has seen the Will, and all of the paperwork regarding it. She said she does know every detail about the inheritance. The person is in the hopital and the doctors keep saying they don't think will make it through the night.


On another note, I know I do not live with them, but a great deal of their problems seem to be debt related. I told her she should try to work things out now that they will have a some money. Pay off the debts and the house and see where it goes from there. She said she was worried if she did that that he would later file and take everything from her anyway. Is it possible that she can get an agreement signed by him that that money and all things bought and paid with it will remain hers in the event of a divorce?

He is a good dad and she is a good mom, though they have problems often re: money. I thought it would be an idea to try to see what happens. They both claim to still love each other.

Thank you for your help.
 

Zephyr

Senior Member
she could certainly consult with a local attorney and see if a post nuptual agreement would protect her sufficiently
 

KatesMelody

Junior Member
WANNACRY said:
she could certainly consult with a local attorney and see if a post nuptual agreement would protect her sufficiently
Okay, great, thank you.
I will let her and him know, since he would still have to sign it.
Thank you again.
 

CJane

Senior Member
KatesMelody said:
On another note, I know I do not live with them, but a great deal of their problems seem to be debt related. I told her she should try to work things out now that they will have a some money. Pay off the debts and the house and see where it goes from there. She said she was worried if she did that that he would later file and take everything from her anyway. Is it possible that she can get an agreement signed by him that that money and all things bought and paid with it will remain hers in the event of a divorce?
I'm not 100% sure, but I would guess that even if the $ is solely hers, it still counts as an asset. She would most likely be responsible for a portion of the debt accrued during the marriage, and would have to eitehr 'buy off' the ex or pay her share personally. If she's planning to keep the inheritance and escape from her marriage debt-free, she's definitely not thinking clearly.
 

LdiJ

Senior Member
KatesMelody said:
Okay, great, thank you.
I will let her and him know, since he would still have to sign it.
Thank you again.
However, without a post nuptual agreement it is true that if she co-mingles the money (such as paying off the house) it stops being her separate property. Therefore, without a post nuptual agreement she should simply keep the money separate.
 

pojo2

Senior Member
What INFO was left in her name only? A bank account, cd, life insurance policy? Makes one heck of a difference in the kind of "INFO" you are talking about.
 

BelizeBreeze

Senior Member
Let's get this back to reality:

Part 1:
No, an inheritance is NOT marital property. IF it is in one spouse's name and that spouse takes the funds and co-mingles them into a joint account, uses the money to upgrade an existing marital asset (like a new addition to the home) or converts it otherwise into a marital asset, then YES, it is devisible as such. It does not being as a marital asset however.

Part 2:
Not only is it insane, it is an illegal contract and unenforcable.
 

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