10-18-2011, 12:06 AM | #1 |
Lieutenant
140
Rep 419
Posts |
Inheritance laws help
My father is being a dumb and told me he wants to marry a girl thats yonger than me, sick fuck.
But anyways if he goes though with this I want to me sure this hooker gets little to nothing from this. My father owns a large sum of land 300+ acres and numerous rental homes and commercial real estate. I convinced to add my name to the deed to the land he agreed, so my fathers name and mine are on the deed to the land. and he told me he has a trust that all of the rental homes and real estate and stock holdings is in and I am named the sole beneficiary. So by adding my name to the deed to the land both of our names, I want to be sure there is no way this whore will be able to touch the land or the rental homes and commercial real estate. The only thing that is not had both of our names on it is his house even his bank accounts have both of our names. So what is the possible outcome that if this went though she would be entitled to. Last edited by RedBarron; 10-18-2011 at 12:26 AM.. |
10-18-2011, 12:20 AM | #2 |
Major General
385
Rep 8,688
Posts
Drives: 06 330i
Join Date: Dec 2008
Location: The Promise Land
|
that, my friend, is up to what your father leaves her i believe... (no fucking idea)
|
Appreciate
0
|
10-18-2011, 01:16 AM | #4 |
ⒸⒺⓇⓉⓘⒻⒾⒺⒹ✬ⓃⒾⓃⒿⒶ
137
Rep 1,476
Posts
Drives: 🚀
Join Date: Nov 2010
Location: Pittsburgh
iTrader: (3)
Garage List 2015 BMW M4 [0.00]
2012 BMW 335IS (SOLD) [6.84] 2011 BMW 335XI (SOLD) [4.66] 2008 BMW 335xi (SOLD) [10.00] |
+1 PRENUP!
|
Appreciate
0
|
10-18-2011, 01:34 AM | #6 |
Colonel
97
Rep 2,266
Posts |
In your situation, I would go seek an advice from a real lawyer. Anyone who's practicing law would not be able to give you advice over the internet, anyways. If it's for your peace of mind, you should seek their advice on what she may be entitled to, and what you/your father can do if you guys choose not to let her touch certain properties. I realize this might not be cost efficient, but look at the long-term - it could hurt more.
__________________
Cheers
Ben |
Appreciate
0
|
10-18-2011, 03:59 AM | #7 |
Aberry is a scammer
587
Rep 5,507
Posts
Drives: SGM E92 335i, AM E90 335i
Join Date: Jun 2007
Location: Seattle, WA
|
+1 on this.. Even though your name is in the properties, acct, etc. Once your father passes, everything under his name is as good as hers, so I guess you would own 50/50?
Unless he were to specifically state that you would be entitled to everything.. I think... |
Appreciate
0
|
10-18-2011, 04:01 AM | #8 | |
Aberry is a scammer
587
Rep 5,507
Posts
Drives: SGM E92 335i, AM E90 335i
Join Date: Jun 2007
Location: Seattle, WA
|
Quote:
|
|
Appreciate
0
|
10-18-2011, 08:51 AM | #9 |
Major
1074
Rep 1,268
Posts |
You need a lawyer, and this is why I say that, even though you may be listed as beneficiary that may mean nothing depending on the state laws. My sister-in-law and her husband who is a lawyer are going through this right now. His dad remarried but left most everything to his kids, well he died last year, the wife is younger, by about 20 yrs and she got possession of the house as long as she lives even though the kids own it, they can not get rid of her and she gets to use the house and land as until she dies or decides to move. She is now moving her family in the house too. Also, anything that was acquired after the marriage and any joint account that were setup were hers, even though the dad had much of it separated she manage to get some of those assets moved into a joint account when he was failing in health.
Pre-nups may not work either since they have to be fair, and your dad would have to agree to leave her some amount of the assets. I do not believe pre-nup can be you came with nothing you leave with nothing. Last edited by Maestro; 10-18-2011 at 08:58 AM.. |
Appreciate
0
|
10-18-2011, 08:53 AM | #10 |
G35 convertee
69
Rep 1,008
Posts |
I know that here in Texas the land would be considered separate property (not community) by default because he owned it before they were married. I can't imagine it would be too much different in Florida. You can always look up marital property laws..
__________________
|
Appreciate
0
|
10-18-2011, 09:05 AM | #11 |
WTF are you looking at?
257
Rep 1,560
Posts |
Well... first I would make sure your father gets a Vasectomy. She is going to see some money from this marriage, no matter what. But if they have kids, well... your pie just got a whole lot smaller.
|
Appreciate
0
|
10-18-2011, 10:04 AM | #12 |
Careful, I Bite.....
157
Rep 504
Posts |
|
Appreciate
0
|
10-18-2011, 10:08 AM | #13 | |
Major
1074
Rep 1,268
Posts |
Quote:
This is so true, if she manages to get pregnant that kid and you get to share everything. Well in reality you share with her and the kid and she can control any assets willed to the kid. If you read the internet on these kinds of things you will see more families got screwed out of things because the old man married a gold digger bitch even when things were supposedly covered in a will or trust, it is the old proverb of possession is 9/10th of the law, ie the person in possession of it owns it and it is hard to get it away from them at that point or at least it is going to cost you lots of money. As someone said talk to a few lawyers and get a few ideas. One might be to have all the assets organized under ad LLC and listing you and your dad as managing partners and in that LLC you could have definitions of how things are handle when he is live and you are alive and rights of survivorship. Talk to lawyer which do more than family law like someone who understands business law and how family business are handed down and such. Just keep in mind, as my sister-in-law and her husband found out, there is no way to cut the new wife out completely from the family assets, the courts and state will not allow it especially if they were married for a number of years. Figure on her getting something, just decide on what is least important to you and your dad. Last edited by Maestro; 10-18-2011 at 12:20 PM.. |
|
Appreciate
0
|
10-18-2011, 10:30 AM | #15 | |
Colonel
480
Rep 2,032
Posts
Drives: Red Flyer
Join Date: Aug 2008
Location: 38.8977° N, 77.0366° W
|
I'm not sure exactly how to go about setting it up or what the legal issues are, but I would convince him to put pretty much everything into a irrevocable trust, with you as the sole beneficiary. Only under extreme circumstances can the beneficiary be changed, and since the trust will own the assets, not your father, she can't touch it.
Quote:
__________________
|
|
Appreciate
0
|
10-18-2011, 10:33 AM | #16 | |
Careful, I Bite.....
157
Rep 504
Posts |
Quote:
That's providing his dad wants to do that. |
|
Appreciate
0
|
10-18-2011, 10:54 AM | #17 |
OIF Veteran
260
Rep 2,106
Posts |
your father better do a pre-nup that separates his property from her, and the rights go to you. And he should do a Will that states his property will go to you.
If you are on the title, then it may be assumed that you own 1/2 the rights to the property, and the other 1/2 may go to his new wife.....unless otherwise specified in a Pre-nup or Will. This is all assuming your father wants to do so...
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces, Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops. |
Appreciate
0
|
10-18-2011, 11:18 AM | #19 |
Lieutenant General
5887
Rep 17,879
Posts |
FL INHERITANCE LAWS
Florida inheritance laws provide who in the family is entitled to inherit from the estate. If there is a surviving spouse, the surviving spouse takes the following portion of an estate (Florida Statute Section 732.102): Spouse's share of intestate estate.--The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If there are surviving descendants of the decedent, all of whom are also lineal descendants of the surviving spouse, the first $60,000 of the intestate estate, plus one-half of the balance of the intestate estate. Property allocated to the surviving spouse to satisfy the $60,000 shall be valued at the fair market value on the date of distribution. (3) If there are surviving descendants, one or more of whom are not lineal descendants of the surviving spouse, one-half of the intestate estate I would get an attorney....Does she have kids? |
Appreciate
0
|
10-18-2011, 11:26 AM | #20 | |
Lieutenant
335
Rep 483
Posts |
Quote:
__________________
The journey is the reward.
|
|
Appreciate
0
|
10-18-2011, 11:49 AM | #21 | |
Careful, I Bite.....
157
Rep 504
Posts |
Quote:
Do you know what "intestate" means? It means you don't have a will. |
|
Appreciate
0
|
10-18-2011, 11:58 AM | #22 |
Colonel
480
Rep 2,032
Posts
Drives: Red Flyer
Join Date: Aug 2008
Location: 38.8977° N, 77.0366° W
|
True. If his dad wants to leave it all to the new wife then there's nothing that can be done.
__________________
|
Appreciate
0
|
Post Reply |
Bookmarks |
Thread Tools | Search this Thread |
|
|