What are my Dads rights with his life estate

[chiswick]

In Massachusetts
Going through a divorce and wife is trying to get 1/2 of a third of my Dads house where he lives with my sister who is remainderman. Court ordered it appraised. I removed my name from deed in 2015. Wife is claiming premeditated divorce and she is also going after their bank accounts for which I was on and then removed by them. I was only on there for convenience to avoid probate. NO TIME WERE THESE MARITAL FUNDS OE WA ANY OF THEIR FUNDS USED FOR OUR MAEITAL ESTATE!

My Dad is 93 a veteran and cancer survivor. I can’t see how the judge would allow this. We are due for a trial on July 27 if no settlement is reached but I will not give in to this demand and neither will my. Dad or sister.

 

[justalayman]

Who is going through a divorce?

If you, then if your father has a life estate he will not lose that, unless there is some shady dealings.

If you were a remaindeman and it can be proven you divested yourself of the asset to avoid losing it in the divorce, it may be a costly mistake on your part.

As to your father’s bank accounts;

If it was only his money and used to pay only his expenses, it should be safe. If you deposited any of your money or used any of it to pay anything for yourself, you’ve got trouble.

This is such a complex matter that there isn’t much anybody is going to be able to help you with. There are simply too many possibilities and legal issues involved.

 

[LdiJ]

In Massachusetts
Going through a divorce and wife is trying to get 1/2 of a third of my Dads house where he lives with my sister who is remainderman. Court ordered it appraised. I removed my name from deed in 2015. Wife is claiming premeditated divorce and she is also going after their bank accounts for which I was on and then removed by them. I was only on there for convenience to avoid probate. NO TIME WERE THESE MARITAL FUNDS OE WA ANY OF THEIR FUNDS USED FOR OUR MAEITAL ESTATE!

My Dad is 93 a veteran and cancer survivor. I can’t see how the judge would allow this. We are due for a trial on July 27 if no settlement is reached but I will not give in to this demand and neither will my. Dad or sister.

Your argument should be that even if you had a one time been on those assets, that they would have been considered to have been separate assets as they would have been gifts or inheritances.

 

[chiswick]

Thank you! Also my sister gave up her full time job in order to be a full time caregiver to my Mom.

 

[chiswick]

Who is going through a divorce?

If you, then if your father has a life estate he will not lose that, unless there is some shady dealings.

If you were a remaindeman and it can be proven you divested yourself of the asset to avoid losing it in the divorce, it may be a costly mistake on your part.

As to your father’s bank accounts;

If it was only his money and used to pay only his expenses, it should be safe. If you deposited any of your money or used any of it to pay anything for yourself, you’ve got trouble.

This is such a complex matter that there isn’t much anybody is going to be able to help you with. There are simply too many possibilities and legal issues involved.

Yes it is me as the husband going through the divorce. It is my sister who is the remainderman who is on the life estate with my Dad.

 

[chiswick]

Who is going through a divorce?

If you, then if your father has a life estate he will not lose that, unless there is some shady dealings.

If you were a remaindeman and it can be proven you divested yourself of the asset to avoid losing it in the divorce, it may be a costly mistake on your part.

As to your father’s bank accounts;

If it was only his money and used to pay only his expenses, it should be safe. If you deposited any of your money or used any of it to pay anything for yourself, you’ve got trouble.

This is such a complex matter that there isn’t much anybody is going to be able to help you with. There are simply too many possibilities and legal issues involved.

 

[chiswick]

I am the one going through the divorce as the husband. My sister is the remainderman on the life estate. The bank accounts are my Dads and sisters money and I or they never commingled or contributed anything to my marital estate to those accounts.