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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My wife and I are having problems. (Of course issues are complex,

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My wife and I are having problems. (Of course issues are complex, but she is now having an affair and I never have. Also, in case it is relevant we have two minor children.) While I still have hopes for the marriage, and I am trying hard to make it work, this may end in divorce. Meanwhile, my father may be about to pass away. I am concerned that if we are not separated or divorced, my wife would become eligible for half of my inheritance. While I do not want to hurt the possibility of reconciliation, I do not think it would be fair for my wife to get this money. Please advise about the situation and if there is anything I can do to protect my inheritance in case my father passes away before things are resolved. Thanks, David

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

Customer:

Hello.

SoloLawyer :

An inheritance would count as separate property and therefore not divided in the divorce.

Customer:

So there is nothing I need do now to protect that money in case my father dies? Are the laws about that the same everywhere, including North Dakota? I guess our other savings and individual accounts, mutual funds, house, and so on, are more complicated, and their status would have to be decided by courts or lawyer negotiations. Is that true? For example, I have a mutual funds and bonds in my own name, purchased with earnings from a previous job. Is there anything I could do to protect such assets, or should I just wait to see if the marriage is saved?

SoloLawyer :

Any assets or income brought in during the marriage or assets that increased in value during the marriage will be marital property. But yes, generally, you'll have to talk that all out during the divorce.

Customer:

OK, as long as an inheritance would not count as marital property, it seems best to wait. Thank you.

SoloLawyer :

Great! I wish you the best of luck!

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael

Customer:

OK, thanks a lot. David

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