Legal Question in Family Law in New York

Re: his will

Most wills are not filed but are held by the party making the will or their attorney in a location known only to the party or attorney making the will. A spouse is not required to disclose, nor is a spouse entitled to know the provisions of a will, unless court ordered. Such a court order usually accompanies a divorce or separatation proceeding.

Since you have questions concerning what your marital and separate property is, relative to your marriage, you need to provide detailed information to your attorney in order to answer those questions.

Generally, marital property is property acquired, accumulated or "enhanced" during the marriage, through the direct and indirect contributions of the parties.

If your husband's business and house were not acquired and did not appreciate during the marriage through either of your efforts or contributions, then it is likely to be deemed "separate property. Then, how either of you dispose of same is entirely within your perogative.

You should have had a discussion with your spouse about these and other similiar matters before you married. Both of you came to the marriage with pre-existing obligations or "baggage." Now,... you should discuss your concerns with your husband and try to reach an understanding with each other, rather than allow your hurt to fester. You should also try to understand that your husband was not and is under NO obligation to provide for your child by another, that he did not adopt. Also, that your spouse, would naturally want to provide for his own child; as you (and your child's father) would want to provide for your child.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ.

Re: his will

Since Your husband's business was established prior to the marriage it is likely to be deemed separate property, thus, he may dispose of it as he chooses. Although, you may have an interest in it due Your direct or indirect contributions to its value appreciating.

On the otherhand, your home, if purchased during the marriage, notwithstanding the title, is likely to be deemed marital property, and your husband would, as a result, have a superior right to the home, over your child, and any Will disposition to the child.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ