Legal Question in Family Law in Michigan

Re: Inheritance source to modify child or spousal support

It is extremely important to determine what type of discovery your attorney did. If your ex-wife lied under oath in interrogatory answers, you may be in good shape to set aside the property settlement. However, if little discovery was done and you were relying upon verbal representations, you may be unable to do anything about it. Check into it. Bill Stern 248-353-9400

Re: Inheritance source to modify child or spousal support

You have presented multiple issues: the first being hidding assets during the divorce, if the court would have found that part of that asset would have been yours there is a Michigan case called Sands which would potentially allow for you to collect 100% of the hidden asset, also, if fraud was invloved in the settlement of your case you potentially may be able to have the court modify your Judgment of Divorce. If you have any further questions please do not hesitate to call me, Mark Snover 248-258-0800

Re: Inheritance source to modify child or spousal support

An important question, which only your lawyer can answer, is whether you would have been entitled to a share in the estate left to your now ex wife, since you were in divorce proceedings at the time.

It's possible that she was under no obligation to disclose her inheritance, because it would not have been part of the marital estate. It was not something for which you both worked together over time, it came about because her mother died.

However, and this is why you must check, if 1) she KNOWINGLY failed to disclose something she actually had a right to at the time and 2) about which she was specifically asked, 3) your knowledge/ the court's knowledge of the existence of those assets would have made a material difference in the division of the marital estate and 4) you can prove all of the above, then I would definitely suggest raising the issue between counsel for a resolution first, and then if you are not satisfied, then take it up with the court.

I'm not sure you have a good leg here, asking to get 1/2 of money she received because of her mother's death while you were in the process of divorcing. After 25 years of marriage, you would have presumptively split the marital estate built between the two of you over that time anyway. You don't mention alimony, even though she didn't work, so I'm assuming that 50% was all she got. You also don't mention whether you are both wealthy, because that too would make a difference. If the marital estate were millions, and she got $100K or so, it seems like nit picking, and the unsavory aspect of it increases. I'm not saying don't go for it, I'm just saying, is it really worth it, or is this designed to increase the drama between you? I'm sure it annoys you, but consider whether it's worth it.

The rules governing inheritance and divorce estates have to be answered on the facts, so take this up with your lawyer, don't rely on intenet advice. S/he should be able to answer the question for a minimal charge, because sh/e already has full knowledge of your case.