Related Posts
Additional Posts in Family Law
I hate being an attorney. How do I get out.
Professional sponserbility sucks.
New to Fishbowl?
Download the Fishbowl app to
unlock all discussions on Fishbowl.
unlock all discussions on Fishbowl.
I hate being an attorney. How do I get out.
Professional sponserbility sucks.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Download the Fishbowl app to unlock all discussions on Fishbowl.
Copy and paste embed code on your site
Send download link to your phone
OR
Scan your QR code to download
Fishbowl app on your mobile
Going to a lawyer is not an option unfortunately. I keep trying to push her but she has no money to. She has more debt than assets, but she has a 401k and life insurance. We are going to put those in a living trust, will that be enough for her “husband” not to touch? And what about debt? Would they be able to go after items in a trust?
Thank you
H may have a right to a portion of the 401(k), but W can leave the life insurance proceeds to whomever she wants. Suggest beneficiary be Name as Trustee for Kid1 & Kid2. See what can be done about setting up guardianships of the estate in the probate court for the children before she is too sick or dies. She can try to leave everything else in a revocable grantor trust fbo kids, but some states will allow a surviving spouse rights.
How about a quickie divorce???? Get it done ASAP-
Depends on the usual custom in your jurisdiction- probably in trust for Kid 1 and another ITF Kid2 with Trustee (trusted person- not H). Watch out for the divorce automatic orders that might forbid transfers of assets when divorce is pending.
Divorce atty for 30 years in MI. In this state you can’t “disinherit “ a spouse. Do all the trust stuff but get her divorced! Use the forms, call a family law attorney you know & tell her you’ve got an emergency & you need some pro Bono work done. We are ALL obligated to do some of that & this is one of those cases. A good attorney with relationships with judges & clerks can push this through. Get your trust in place, get a third party trustee, make sure she’s got a health care proxy or whatever they’re called in your state to make decisions if she becomes unable to-end of life decisions & to have power of attorney to finish that divorce even if she’s in a coma. You can do this. You just need someone who’s willing to step up. I do it when colleagues call & they do it when I call on them in their area of expertise. Good luck. So sorry for you & your friend & her children.