Does my husband have a legal right to half of my (only) inheritance - my father's condominium will be closing soon.

We are still legally married but TRYING to reach a marital settlement agreement.

Also (I know this is 2 questions, but)... I've been battling back and forth about getting an attorney (the one I want charges $5,000 and I have almost no $ left) - as it's almost impossible getting my husband to compromise at all. I live in New York, and with this impending no-fault law about to be signed, I don't know if I should serve him papers right away - before it's signed, or still try to get him to reach a settlement?

(I need his medical insurance. I am self-employed and currently making very little money).

Thank you,

Dennis (I'm female! )

What State? I'll search the law but this is your separate property in many (if not all) States.

Your Attorney is the person to advise you.

Hi, Judy Kay Tee -

New York is the state. I know the law is soon changing here -
I don't know if this is good or bad for me, but I think - BAD.

I need his medical insurance - I'm dreading paying an attorney this amount of money.

I'm also scared of losing the little amount I have coming to me.

Thanks,

Dennis123

The $5000 is a retainer fee. If the papers are filed and your ex doesn't around too much, you will see a good portion of the fee returned. Retainers can be paid in installments with post dated cheques (checks~US~). If the lawyer will not come to some arrangement, Find another who will. Hold off on the papers for awhile until the estate pays out then set up a trust account for a family member who is far below the age of majority and name yourself trustee. He can't touch it then.

FYI. Stringing him along for his medical insurance causes BAD kharma. My ex-wife pulled the same stunt, and after remarrying to her 3rd husband, she still hasn't recovered from the financial wooping I gave her. Yours is yours but don't get greedy.

Quote:

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Originally Posted by giderdone

The $5000 is a retainer fee. If the papers are filed and your ex doesn't around too much, you will see a good portion of the fee returned. Retainers can be paid in installments with post dated cheques (checks~US~). If the lawyer will not come to some arrangement, Find another who will. Hold off on the papers for awhile until the estate pays out then set up a trust account for a family member who is far below the age of majority and name yourself trustee. He can't touch it then.

FYI. Stringing him along for his medical insurance causes BAD kharma. My ex-wife pulled the same stunt, and after remarrying to her 3rd husband, she still hasn't recovered from the financial wooping I gave her. Yours is yours but don't get greedy.

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This is a legal question and your advice - I realize you are Canadian - is NOT the case in NY. I work for a lot of Attorneys and don't know of a single sole practitioner or firm which will accept post dated checks OR a $500 retainer for this type of work.

Read my advice - the husband is NOT entitled to ANY part of the inheritance in NY.

Please don't answer if you don't know.