Legal Question in Family Law in Pennsylvania
My Father passed away 2 yrs ago and left money in trust for me to my sister who signed it over to me. She did this with the understanding that I would follow dad's wishes and not comingle the money with my husband. My Dad wanted to protect me in case of a divorce (my husband had cheated on me). We have remained together. We now find ourselves in a situation where we need the money to get ourselves out of debt, sell our home, pay off student loans, etc.etc..
I would like to be able to help but also want to abide by my fathers wishes with regard to protecting myself in case there ever would be a divorce. How do I satisfy both? Is there something legal that can be drawn up between us that will assure the monies will come back to me if we ever do divorce. I have looked at promisory notes and postnutial agreements. I am unsure which way would be best to go.
1 Answer from Attorneys
It sounds like you would want a postnuptual agreement, however, I believe you would be best off meeting with a lawyer so all your options can be reviewed and so that the document can be properly written. I would not trust any postnup or promisory note found online. These sort of documents must comply with PA law, so you would want a PA lawyer to do this to ensure it would be enforceable.
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