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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11738
Experience:  19+ Years of Legal Practice in Family law matters.
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I am going through a divorce in Ma currently without an attorney.My

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I am going through a divorce in Ma currently without an attorney.My husbands mom just died without a will and he is the only surviving child,his father is also deceased along with two brothers.She has real estate property worth over 600,000 dollars not including other assets.My soon to be ex plans on keeping the lower priced property for himself and selling the other one worth almost 400,000.We have two minor kids that he doesnt give a hoot about.I had to take him into court for a child support order.He is a total deadbeat with no mention of anything going to the kids.Am i entitled to any of his inheritance or is this considered non marital property?Is it time for me to hire an attorney or is he in fact correct?I was laid off from my job beacause my employer could no longer afford family health insurance.He has never helped out with anything where his kids are concerned it has always been my burden.
Submitted: 4 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 4 years ago.

Dear liza,

 

Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:

 

1. Do you have a current custody, visitation and child support order?

2. If so, is he up to date on child support?

 

I look forward to getting to work on this for you. Hang in there!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

 

Customer: replied 4 years ago.
A child support was issued on 08/07/09.It was ordered for him to pay 100.00 a week for 2 teenage sons with no concessions what so ever for their healthcareHe owes back support of about two years,but no order was standing at the time.I was told this would be dealt with during the later phases of divorce.He seems to think his pending inheritance has nothing to do with any of this.I have always wanted to hire an attorney but my unemployment status has prevented me from affording one.
Expert:  AlexiaEsq. replied 4 years ago.

Hi liza,

 

Unfortunately, the child support desires prior to 8/7/09 likely won't be awarded because you never sought a Court Order, therefore there is no 'back support' owed. It sounds like you have a pendente lite order of child support. It is pretty low for 2 teenage son's, and if that arose from his income level (low?) as of 8/09, once his inheritance comes through, if it hasn't already, you can certainly see to have child support increased based on his new wealth.

 

However, you will not be able to claim any of that inheritance in any sort of distribution of marital assets, as he is correct that in MA it is not marital in nature. It is separate property. However, that does not mean it can not be considered for child support purposes or even Spousal Support. When seeking modification of child support, make sure to have HEALTH CARE for the children included - I don't know why it wasn't in August - were you working then and providing it through work before getting laid off?. Also, if you have disparate educations and training levels, such that you can't compete with him/his level of working income, consider asking for spousal support, at least of a temporary nature, to allow you to get additional training or schooling to improve your income prospects for the future. If you are both about even, that likely will not be something you would seek.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

Sincerely,

 

S. Joy, Legal Expert

 

 

 

Customer: replied 4 years ago.
I failed to mention his mom did indeed have a will but of course it has been lost and the attorney seemed to have misplaced his copy as well.Two of my mother in laws closest friends have stated to me that she told them that 100% of her estate was going to the two grandchildren since her son drove her business she left him while she was alive into the ground because of drug addiction.Does it seem normal that a person with these amount of assets did not have a will?Should I fight when it is probated?I am not a money grubber but the fact he is trying to screw his kids out of their inheritance really bothers me as it does her best friends.
Expert:  AlexiaEsq. replied 4 years ago.

Hi, will or no will doesn't matter - inheritance is separate property and you can not touch it. Also, if the will doesn't turn up, you will be out of luck most assuredly, because the court can only go by a will that is submitted. You need to find that will! You'd be surprised how many people don't have wills despite some assets. You questions are now turning towards estate law, although originally about YOUR right to this in the divorcee. If you can prove there is a will, perhaps get a lawyer involved and the other lawyer may suddenly "find" his copy if there was one, you may have some course here. For instance, you say the lawyer 'misplaced' it - that in itself would probably constitutue legal malpractice. Don't give him the heads up yet, because if you don't have evidence that he even KEPT the original, it won't be helpful, because there would not be an obligation to have kept it, if the testator kept it. Speak to a local lawyer first, an estate lawyer, about proving the lawyer lost it or claims to have lost it......sometimes the threat of the lawsuit tying everything up may be enough incentive for dad to split the moneys now, avoiding investigation, etc.

 

Good luck.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

Sincerely,

 

S. Joy, Legal Expert

 

 

 

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11738
Experience: 19+ Years of Legal Practice in Family law matters.
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