Legal Question in Family Law in New York
legal separation
I have a friend who intends to file for legal separation within the next 2 months. Right now her husband has moved out (as of a few weeks ago) but he is (for the time being) helping her get caught up on bills giving her significantly more than she would receive in child support.
Her father passed away 2 weeks ago, and it would seem he had a life insurance policy in her name.
So the questions are, since her father has already passed, is he entitled to any of that money? If she waits to act on it (cash in) until after the separation will that help? Could she sign it over to her mom to be put in some kind of trust fund until after? What are her options to keep her inheritance?
The second question is what things should she be doing over the next few months preparing to file for separation, and what things shouldnt she be doing? Shes a little tentative to talk to a lawyer because shes afraid things would get very ugly if he found out. Thanks in advance.
1 Answer from Attorneys
Re: legal separation
Q. So the questions are, since her father has already passed, is he entitled to any of that money?
A. No. It would be deemed a gift and not subject to equitable distribution. However, I would keep the money in a separate account.
Q. The second question is what things should she be doing over the next few months preparing to file for separation, and what things shouldnt she be doing?
A. Most important, she should be coping all financial records concerning assets, debt, income and liabilities. This includes tax returns, utility bills, credit card statements, W-2's, bank statements, broker accounts, etc.
She should also start to interview divorce attorneys.
Mike.
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