Legal Question in Family Law in California
I am dying from Lou Gehrigs disease, and I recently divorced my wife. I uneducatedly left her with everything, my business she now owns, our home she owns, the cars, and my retirements, 401k and IRA'S. In the divorce decree, she is entitled to it of course. I have not signed the paperwork from the IRA company yet. Due to my illness, I realized I need my IRA in order to pay monthly bills and medical expenses Medicare does not fully cover. I have asked her if she can give give it back to me, and she refuses. She can work, owns everything, and I am dying and struggling to survive. I want to get a lawyer to amend the divorce decree, but don't know if it will benefit in the long run. I am given only a year left to live...
1 Answer from Attorneys
I imagine you gave her everything because you thought she would come back to you. It never works that way.
You need to speak to a competent family law attorney as soon as possible to determine whether it will be possible to set aside your marriage settlement agreement (MSA). There are specific statutory timelines that govern, depending on the facts of the case, and the time is running now.
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