Legal Question in Family Law in New York
Marital Property
Father is considering divorce. My mother is mentally abusive and has been to doctors and taking medication so my father can prove this, don't know if this makes a difference but I will testify for him and so will my siblings that she is nuts. We are 21 and 25 respectively.
My mother's dad passed away 10- years ago and are wealthy. Her mom then got very sick after and signed most of her money away into 2 trusts - one that my mom holds and the other that me and my mom are both joint on. We use this to pay my grandmother's nursing expenses, etc as she is still alive.
I also learned that the title of my grandparents house was transferred to both my parents names when my grandfather died. Grandma still lives in it though.
My father wants a divorce but feels as if he should be entitled to some of Grandma's money and doesn't want to divorce if he won't be (he'll wait till she dies and then divorce). Is he entitled to any of the house or the trusts even though grandma is still alive?
Thanks
3 Answers from Attorneys
Re: Marital Property
In NY, inhertiances are separate property. Your father will not be entitiled to any of the money in the trusts. Since the house was put in his and your mothers name, he will be entitled to part of that. I know that is not what you wanted to hear, but it is the law.
Re: Marital Property
Since all the chldren are over 21, custody, visitation and child support are no longer potential issues in the case.
If your grandmother has a life estate in the house (which sounds likely), then your father has a an undivided one-half interest in the house, but that is most likely subject to the life estate. This means he will have to wait until the holder of the life estate either dies or vacates the house, before the house could be sold.
Your folks have a long-term marriage. Under the NY Equitable Distribution Law, they can reasonably expect to divide the marital assets, 50/50, regardless of title. This includes all assets acquired during the marriage. Assets acquired by gift or inheritance are treated differently.
Suggest your father consult with an experienced matrimonial attorney to learn his right and his options.
My office is in Mineola, Nassau County.
Name on deed shows ownership
Your father has an interest in the house as his name is on the deed, this should not delay any divorce.
As to the trusts: Unless he is named in the trusts as a beneficiary he has no interest in them. If he is named in either trust you must check to see if he remains a beneficiary only if he divorces your mother.
Good luck,
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