If I get a divorce, will my wife be entitled to the money that my father left me after he just died?
117839
Probably Not!\n\nThere are several categories of property not subject to distribution. The major type of asset(s) that is not subject to equitable distribution is property that was acquired before the marriage. Moreover, any property that was acquired by way of an inheritance is not subject to equitable distribution. In summary, any property that was acquired before the marriage, and any property that was acquired by an inheritance is not part of the marital estate.
218389
It depends. Did you sign a prenuptual aggreement? If you did, basically what is going to happen is you're going to leave with what you came in the marriage with and your spouse will leave with what he/she came into the marriage with. If not, then it's actually the court's/judge's decision. The judge will make their decision based on the whole situation. Most likely, if there's kids involved, the one who has legal custody of the kids will get the most assets. If allimony comes up, the one who makes more money will have to pay it if asked to. Watch out though, because if you're the one who makes less and you're the reason why the divorce is happening, the judge might not rule alimony payments in your favor, if you ask for them.
714705
No, creditors should not seize the account. Although when you marry someone you assume their debt, you mom is not on the acocunt. These laws vary from state to state though. The account that  your father uses would contain your Dad's social security income which is considered public assistance (governmant money) it is illegal to touch that money. If this becomes a problem then your family may have ground for a lawsuit. If you are interested in protecting your family's financial and legal identity, I have some thing that may help assist with any legal questions or situations in the future. Please go to my website @ www.prepaidlegal.com/hub/kvmclish to see a  presentation or call 1-800-394-6919  listen and let me know what you think. I would love your feed back! Please e-mail me back @ k_mclish@yahoo.com and I will be glad to answer any questions you may have. At that point, if you are open to it, we may exchange numbers. Hope this helps!!! \n\n~Karen
840395
each state is different, but if he is making a lot more money than you spousal maintenance should be awarded for a period of time...you get half of all assets and half of all bills in most states and if you have been married over a certain number of years you are entitled to half of his retirement...an attorney would need to go into more detail with the exact laws of your state.
688581
I believe Georgia is a communal property state which means all assets belong equally to husband and wife once they are married. That would make the will void because your father was no longer the sole owner of the assets once he got married--- his wife gets equal ownership as soon as they say "I Do."
283364
That depends.  If the cash was to pay off certain items or to share your 1/2 of the assets, then no.  If it's for some sort of back pay for spousal support, then you do have to claim it.
905983
No, I believe that your father is worrying unnecessarily.  I think that what has happened technically, from what you say, is that you are tenants in common with your father, having been left your mother's share of the property in trust.  It does not make any difference to your father's position, but I do think that you should take legal advice, as you may be faced with a nasty bill for inheritance tax.  The following link will give you a helpline.  It's worth a phone call to check up on this.  Under the present law, if your mother's half of the property is worth less than £275,000 then no tax will be due. When your father dies (which I hope will not be for a long time to come, by which time the law may have been changed), his half may also be below the threshold, so again would miss IHT. \n\n\nhttp://64.233.161.104/search?q=cache:6NomUA1DMqIJ:www.hmrc.gov.uk/cto/glossary.htm+probate+tenants+in+common+inheritance+tax&hl=en&ct=clnk&cd=1
1157897
well if the bill is in your dad's name and he is deceased then you are not responsible to pay it.
740371
If they were never divorced ( and the father may well have had a divorce did that the mom did not know about)\n\nBut if they are stll married, she can sue for divorce, and ask for part of the money.  ( she should get an attorney)
1041901
Before  you get married, you sign this document that states that any wealth u had before marrying, its yours only and cannot be taken from you if you divorce. Any wealth made during the marriage is usually divided, unless there's some specifications on what a person gets after they divorce in the prenup.
96802
Every state has laws that govern how property is divided when someone dies without a will.  In most states, dad would get the house completely.  You really should check with a probate/estate planning attorney in your state.
411780
IF THE FATHER DIED AND THE WIFE COLLECTS S S AND THE CHILDREN ARE UNDER 18 THEN THEY ALSO COLLECT S S UNTIL THEY ARE 18 OR OVER.
97573
I believe that depends upon the state but yes she can because with you being married, whats yours is his.  A court may see it as income that he is receiving from you.
936240
Ignore all of the above answers.  They are plain wrong.\n\nIf he died without a will, the law of "intestate succession" in Ohio will determine who gets what portion of his estate, or his assets.  Generally speaking, the law of intestate succession provides that the estate will go to the spouse, and if the spouse died first, then to the children, if any. So if you are his only child, generally speaking, you should get everything.\n\nIn order to settle an "intestate" estate (one in which the person died without a will) the next of kin must go to the local surrogate to have administrator appointed (In contrast, if a person dies with a valid will, this step is uneccessary, because the will will ususally appoint an executor in its terms).  The person seeking to be the administrator of an intestate estate generally has to post a bond (but may vary in Ohio, depending upon Ohio law) to protect the administrator from screwing over the beneficiaries.  \n\nOnce appointed, the administrator has to "settle the estate.  That is, marshall (or gather) the deceased person's assets, pay his debts, and then, if anything is left over, distribute the residue (what's left over) to the beneficiaries.  \n\nIf your father had assets, and no real debt, and you think there will be a good amount of money left over from his estate (the "residue") and you fear your aunts will steal what is rightfully yours, you should hire an Ohio lawyer to 1) contest them being appointed administrators, and 2) have you appointed as administrator instead.   This will cost you money, but it will generally be paid out of the residue of the estate.  In other words, the lawyer will try to have you appointed as administrator, and if he is successful, he will help you settle the estate, and take his fee from the residue (what's left over after all debts are paid). It is very much worth the money.  \n\nIf you do get cheated, you might be able to resort to the bond which the administrator likely had to post.  Contact a lawyer to find out how.  \n\nGo to www.martindale.com to find a lawyer who practices estate and trust law in the county in Ohio in which your father resided or died.  Do not delay in contacting a lawyer, as the sooner you challenge your aunts actions, the better.  \n\nGood luck.
148965
if your grandmother dies intestate ( without a will) and does not have a living spouse, your father and any other living siblings will automatically inherit her money. While there may be estate and probate fees, I can not imageine that it would be half of her estate.\nThe other potential issue might be medicare if medicare is currently paying for her care. The law requires her to use her own funds first although there are some exemptions. This is typically reduced by gifting money to family, but there are time frames that must be respected. The issue could be that if these gifts are not already made or loans documented, that given her current condition, she no longer has the legal capacity to do so. If beyond co-signing her account you father has a broader "power of attorney", this would help. \nIn order for your father to understand all the issues, he will need to consult with an estate attorney or an attorney that specializes in Elder Law
176410
Your spouse may be awarded part of your retirement in a divorce, but if they re-marry, they will lose it. VA benifits may not be awarded to a divorcee.
68840
If you have children and u left him with the children, he can go to family court and get and a temporary  order( pendente lite) for you  to contribute now. Otherwise,When and if u r divorced, the settlement will reflect this. If the note on the house is more than the house can be sold for and there are not other offsetting assets ( pensions, cars, IRA's, Householfd furnishings etc.) he could potentially get a judgement against you for half of the difference.