Legal Question in Family Law in Pennsylvania
claim on marital property by spouse's heirs if property not in spouse's name
I am engaged to a man with 2 children born out of wedlock. I have premarital assets that we agreed will remain separate as well as the increase in value on those asset over the life of the marriage. We also agreed that any marital property obtained would be solely in my name to avoid any claim be made against it for support. Is this sufficient in protecting our marital assets from a claim of support as well as a claim from his heirs should he be the first to expire? Should we have children, I would like to ensure that any marital property obtained within my marriage would be secured for my biological children. The other children will have their mother's assets. How can I ensure that this occurs?
2 Answers from Attorneys
Re: claim on marital property by spouse's heirs if property not in spouse's name
Your income and assets can be used in a support claim to show a disparity of lifestyles. While it is not like guidlines, it can happen. Trusts are useful devices to ensure assets go to the people who you want them to. I would recommend that you and your fiancee contact attorneys to complete a prenuptial agreement and to discuss estate planning. I offer free consultations.
Re: claim on marital property by spouse's heirs if property not in spouse's name
You can have a prenuptial agreement which will protect any assets you want to protect. You can also draft a will to assure your assets are left to the beneficiaries of your choice.
I trust this has been helpful, but feel free to call or E-mail me on a free initial basis.
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