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Ot lawyer help needed.

Posted on 1/21/22 at 7:17 am
Posted by Tvilletiger
PVB
Member since Oct 2015
4899 posts
Posted on 1/21/22 at 7:17 am
If my wife and I have been separated for a few years. Never messed with the freaking divorce. Never getting back together. Then my FIL dies and has a large insurance policy. Am I supposed to get a piece? This is such a shite idea in my heart but she has always said she would do it in the reverse way if that happened.
Posted by PetroBabich
Donetsk Oblast
Member since Apr 2017
4620 posts
Posted on 1/21/22 at 7:18 am to
You should just divorce already.
Posted by Hold That Tiger 10
Member since Oct 2013
21073 posts
Posted on 1/21/22 at 7:19 am to
quote:

Then my FIL dies and has a large insurance policy. Am I supposed to get a piece?


You are a piece of shite for even wanting the free hand out.

Just get the divorce finalized and be done with it.
Posted by supadave3
Houston, TX
Member since Dec 2005
30263 posts
Posted on 1/21/22 at 7:21 am to
quote:

This is such a shite idea in my heart but she has always said she would do it in the reverse way if that happened.


it’s a shite idea because you know you don’t deserve any of it. So she said she would take a portion of your parents died? Well, that would have been shite of her too.

Do y’all have kids together?
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
18286 posts
Posted on 1/21/22 at 7:21 am to
quote:

If my wife and I have been separated for a few years. Never messed with the freaking divorce. Never getting back together. Then my FIL dies and has a large insurance policy. Am I supposed to get a piece? This is such a shite idea in my heart but she has always said she would do it in the reverse way if that happened.


This sounds like a good trashy thread to park my car for the morning
Posted by White Roach
Member since Apr 2009
9457 posts
Posted on 1/21/22 at 7:22 am to
Are you a named beneficiary? If so, enjoy the free loot.
Posted by Buck Strickland
Arlen, Texas
Member since Sep 2017
155 posts
Posted on 1/21/22 at 7:22 am to
Are you listed as a beneficiary on the policy? If not, you aren't getting anything.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20869 posts
Posted on 1/21/22 at 7:22 am to
Life insurance is sui generis in Louisiana. Only the named beneficiaries get the money. No one else.

Not legal advice. Talk to a lawyer in real life, not the OT.

Eta: you piece of trash.
This post was edited on 1/21/22 at 7:24 am
Posted by NewIberiaHaircut
Lafayette
Member since May 2013
11559 posts
Posted on 1/21/22 at 7:23 am to
Did he have a Will?
Posted by Displaced
Member since Dec 2011
32712 posts
Posted on 1/21/22 at 7:23 am to
What a shitty notion.

Good lord, people suck.
Posted by TomballTiger
Htown
Member since Jan 2007
3769 posts
Posted on 1/21/22 at 7:24 am to
Posted by jamboybarry
Member since Feb 2011
32653 posts
Posted on 1/21/22 at 7:25 am to
You sound like a mooch

Your “ex” probably already spoiling Jody with that money
This post was edited on 1/21/22 at 7:26 am
Posted by ScopeCreep
In the thick
Member since Jul 2016
639 posts
Posted on 1/21/22 at 7:26 am to
This is 100% correct. Inheritance in LA is not community property unless commingled with other community property (e.g., deposit a cash inheritance into a joint account). He is entitled to nothing.

Get divorced.
Posted by greenbean
USAF Retired
Member since Feb 2019
4599 posts
Posted on 1/21/22 at 7:26 am to
Sticky situation, but it does give you some bargaining chips. If you have a potential windfall coming, this could be a good time to finalize a divorce to keep her away from money or property you may get in the future.

As long as you are married and the inheritance is only in her name, I don't see how you are entitled to any? Get divorced and it may become part of marital assets that need to be divided.

Obviously, there may be other reasons to stay married such as health insurance, joint property, taxes, etc.
Posted by OldHickory
New Orleans
Member since Apr 2012
10602 posts
Posted on 1/21/22 at 7:28 am to
Use it as leverage for her to finalize divorce.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20869 posts
Posted on 1/21/22 at 7:29 am to
quote:

As long as you are married and the inheritance is only in her name, I don't see how you are entitled to any? Get divorced and it may become part of marital assets that need to be divided.


This is why you don't take legal advice from the OT. 99% of responses are from people who are 1) not qualified to give legal advice and 2) dumb enough to try anyway.
This post was edited on 1/21/22 at 7:31 am
Posted by TomballTiger
Htown
Member since Jan 2007
3769 posts
Posted on 1/21/22 at 7:29 am to
quote:

she would do it in the reverse way if that happened.


I'm not sure what you mean. Are you saying she said she would hook you up? She can give you whatever she wants but like everyone said it's not community property that you get a cut (unless it is commingled as said).
This post was edited on 1/21/22 at 7:32 am
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16463 posts
Posted on 1/21/22 at 7:31 am to
quote:

Get divorced and it may become part of marital assets that need to be divided.


Um no…. Inheritance isn’t part of community property in LA.
Posted by DevilDagNS
Member since Dec 2017
2675 posts
Posted on 1/21/22 at 7:36 am to
Are you a listed beneficiary on the policy or are you just expecting her to hand you free money?

ETA: someone already said it.

Also ETA: You sound like a loser.
This post was edited on 1/21/22 at 7:38 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422565 posts
Posted on 1/21/22 at 7:37 am to
Not my legal advice. Article from Kean Miller

quote:

Life insurance policies, tax deferred annuities, individual retirement accounts, profit sharing plans, defined benefit plans, thrift plans, ESOP plans, governmental retirement plans, and U.S. Treasury obligations payable on death to another individual are specific examples of non-probate assets.
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