Legal Question in Family Law in New Jersey

legally separated person and money

my wife and i have been legally separated for over twenty years, we file oue income tax as single, we have little or no contact with each other, we have no children between us. i am about to recieve money from my mothers estate from a law suit she won after she passed away, is my wife entiled to any money from that lawsuit in any way?

Asked on 7/01/08, 9:02 am

3 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

Re: legally separated person and money

Inheritances are ordinarily exempt from claims for equitable distribution.

However, those amounts can be subject to claims for unpaid support and, even if there are none, your estate could be subject to claims of your wife when you die.

Which leads to the question: why have you not sought the advice of an attorney for a divorce (or a limited divorce from bed and board)? You should consult with counsel to protect your legal interests.

Our office confronts these problems for clients frequently if you care to contact me or one of us for a consultation.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question.

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Answered on 7/01/08, 9:12 am

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: legally separated person and money

I agree with the other attorney. Why not just get the divorce?

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Answered on 7/01/08, 10:21 am
Robert Davies The Davies Law Firm, P.A.

Re: legally separated person and money

Of course, any attorney with a brain will tell you the same thing:



Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the child (children).

Hire an attorney. Go to an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/01/08, 10:32 am

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