Join the 9 million people who found a smarter way to get Expert help

Recent Survivorship questions

I'm divorcing. About ten years ago we sold a house and made

I'm divorcing. About ten years ago we sold a house and made about $250k. I didn't pay the bills so I never knew where that money went- just that it was gone when our son went to college and she decided to divorce and move to Florida.I did a property search in the Miami Dade County region of Florida recently. I found a Warranty Deed from 2008 with a name identical to my future ex's “a married woman” and another guy as, “joint tenants with full right of survivorship.”My future ex hasn't disclosed ownership. I know that Florida allows something called “Address Blocking”. The Warranty Deed and the tax records are the only things I can find with “her” name on it. I e-mailed the County Clerk and his advice was to “ask her if she owns it”.Is there any way to find out if my future ex is the owner of this property?

Read more

Ely

Counselor at Law

Juris Doctor

69,186 satisfied customers
My husband was divorced in Oct. 2013. We were married in

My husband was divorced in Oct. 2013. We were married in November of 2013. In his divorce his previous wife was granted half his retirement and also right of survivorship so in case he dies after he retires she will get her half plus his half. I was not aware of this until after six months of marriage when the QRDO was actually filed. My question is his wife and having been married and put on the retirement plan before the QRDO was filed. Do I have some rights. Particularly in case of death?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: Orlando,FloridaJA: Have you talked to a lawyer yet?Customer: About a year ago my husband was considering to to a DROP retirement and his ex wife had requested a part of drop which was not mentioned in the divorce. In the end he did not do drop however my rights no our marriage was never mentioned. I haveven struggle with the unfairNess and nowner need directions. No I have notJA: Anything else you want the lawyer to know before I connect you?Customer: No and thank you

Read more

LawTalk

Attorney at Law

Juris Doctor

37,188 satisfied customers
I live in New York with my Husband and I want to get a post

Hi ,I live in New York with my Husband and I want to get a post nup drawn up because i own property with my mom and sister before the marriage and they would like the protection of knowing that there is a post nup in place concerning those properties. Even though we are all aware that in the state of NY if it is an assest you came into the marriage with especially if it is from inheritance it should stay with you after divorse but my family wants the added protection and my husband is fine with it. We had a prenup draft drawn up by a lawyer and it cost us $1800 with a will and survivorship but the lawyer moved on to another job and won't return my phone calls and other lawyers will not accept the other lawyers work so they want to redue for the full price. I would like to see if I can somehow make this prenup draft into a postnup possibly online or someother way then hiring new lawyers to do the work again. Do you have any ideas for me. Thanks, ***** *****

Read more

Lucy, Esq.

Juris Doctor

33,582 satisfied customers
I am considering whether or not I should move in with my

I am considering whether or not I should move in with my boyfriend of 1.8 years and my 4-year-old daughter into his home next year when my lease expires (in June). We have very strong feelings for each other and a long-term wish to be together. He treats my daughter as his own. He is divorced and has a 22-year-old daughter who DOES NOT live with him. My wish for the future is to get married but I am feeling a little uncertain about moving in without being married to him in a house that is and will ALWAYS be his (as it would be prior to marriage). At the moment, if he dies, his house will go to his daughter, so I asked him if he dies and my daughter and I are in his house, what will happen to us. He said he would have to modify things. So I don't know how exactly he could protect me in this matter. If I move in with him, what's the best way to protect my daughter and I legally regarding the housing situation and also regarding other issues that may come up that I may not be aware of? thank you!

Read more

Loren

Juris Doctor

43,682 satisfied customers
Divorce – Reimbursement of Contribution In dividing

Divorce – Reimbursement of ContributionIn dividing community property during divorce in Nevada, “If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution.” “In determining whether to provide for the reimbursement…, the court shall consider: (a) The intention of the parties in placing the property in joint tenancy; (b) The length of the marriage; and (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.” NRS 125.150 http://www.leg.state.nv.us/NRS/NRS-125.htmlI sold my real property in Oregon that I bought before marriage (i.e., separate property) and did a like-kind (1031) exchange to acquire raw land in NV. The land was initially titled as my separate property. Then, not understanding the ramifications, I immediately quit-claimed it into joint ownership with right of survivorship, adding my wife to title. Later, we built a house on it; each contributing to the work and cost. We are divorcing now and I'd like to be reimbursed my contribution of separate property. What is a convincing “intention” that would cause a judge to provide for reimbursement of my contributed separate amount?

Read more

Lucy, Esq.

Juris Doctor

33,582 satisfied customers
My Mom quit claim deeded our home in 1989 to me with full

My Mom quit claim deeded our home in 1989 to me with full rights of survivorship. Can my only sibling claim any percentage of it as her inheritance because she grew up there too? We live in Michigan.

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,282 satisfied customers
I'm just looking for a good FL prenup template. Well, I am a

I'm just looking for a good FL prenup template.JA: Have you talked to a lawyer yet?Customer: Well, I am a lawyer and I have drafted pre-nups in my state of practice, but I'm not a FL lawyer and I want to find something FL specific.JA: Anything else you want the lawyer to know before I connect you?Customer: I'd pay for a good form that I can work on myself. I am particularly concerned about keeping the student loan debts we are taking on during the marriage for our separate children separate and not considered in a division if we divorce.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: Florida

Read more

Ely

Counselor at Law

Juris Doctor

69,186 satisfied customers
SUMMARY OF MY SITUATION (regarding my current suit in

SUMMARY OF MY SITUATION(regarding my current suit in Probate Court in South Carolina in connection with my S.C. divorce)From the beginning, I repeatedly asked my divorce atty 4 full discovery; she refused. Never even verified ex's Financial Declaration! Temp. Hear. was rescheduled; since she had said it wasn't necessary 2 appear @ such, I stayed home in OH. It turned into a Final Hearing! I was totally hysterical during 3+ hrs of continuous pressure 2 sign the unacceptable terms. I finally scrawled my name on docs which my "friend" faxed 2 court. I actually left 2 or 3 messages w/ Judge's secretary begging judge not 2 sign decree, but she did anyway in 12/2011. Heard too late I could have appealed.I filed a motion 2 set aside FINANCIAL part of decree, filed by a 2nd atty; it was denied: 2-2013; atty said not 2 appeal.Decree also stated: “Assets in existence at the time of this order that were not on the parties financial declarations, if uncovered [NO TIME LIMIT], will be allotted 2 the other party.”Ex's “expected” death (cancer): 7-2014. As a Judgment Creditor, I filed claims vs. his estate 4 back-alim., dividends & 4 assets I had discovered after his death & for those I had hoped 2 discover during the suit. Not much info from Demand 4 Notice.Atty's Response to my Req. 4 Prod. was answered w. claims of atty-client privilege and “All finances of decedent were fully disclosed to Petitioner [me] & her divorce atty during div. proceedings.” Absolutely false. Ex-spouse concealed [fraud] majority of our assets and misrepresented the info. about our joint-w.-rt.-of-survivorship annuity (our retirement acct.). Defendant's Motion for Sum. Judgment (MSJ) was rescheduled twice by ct. to 8-16-2016. May I ask P. Ct judge 2 reschedule it because the defendant (via his atty) refuses to produce the documents I need to support my Opposition to MSJ and to prove my case?I'm not clear on exactly what info. I am to include in each of the 3 parts of my Opposition: 1.) My Statement of Material Facts, 2.) My Memorandum of Law, and 3.) My Opposing papers (affidavits & exhibits).1.) Do I simply state, "Here is my list of the opposing counsel's material facts as to which I contend there exists a genuine issue which must be addressed by the court."? Then make a list withOUT any comments?2.) Is it in the Memorandum where I present my objections to each item in #1 and reasons for them?3.) Do I then put in a separate envelope copies of the docs from which I quote my proof (my exhibits)?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,710 satisfied customers
My man and I are joint owners of a house, but the loan is in

My man and I are joint owners of a house, but the loan is in my name only. He has an older brother and I wonder if the house will go to me or to the brother without a will.

Read more

LegalGems

Juris Doctorate

18,150 satisfied customers
View more family law questions
In The News