STBX wants my inheritance

Get financial tips on divorce and asset division including child support laws, property division, and divorce settlements.

STBX wants my inheritance

Unread postby rodan1956 » Wed Dec 27, 2017 4:51 pm

My mom died and left me an inheritance in cash, stocks, etc which I got in 2003. My financial advisor told me not to make it joint "because you never know", he said (best advice I've ever got). STBX has known this for years and always been pissed about it, even trying the "if you loved me, you'd put my name on it too". Uh, no.

Been separated now for 18 months, already gone through the Discovery phase, and now they're claiming since we can't accurately trace every single movement of my inheritance from 2003-present, they're gunning for half of it, since she's money-hungry. I have complete brokerage statements, etc. from 2004 on, including a Quicken register I've been using to track everything from the beginning. But mysteriously, the 2003 tax statements binder I had in my storage locker -- which would show inception and complete the trail -- is missing. (I'm convinced she took it when she moved her stuff out of our then-joint storage unit.) The brokerage does not have the 2003 records, as they got sold, merged, etc.

I would think having the executor's signed statement of disbursement, all records from 2004-present (minus the initial year), and my complete Quicken registers would put this to bed. My financial guy will sign an affadavit and even testify to say the money stayed with his firm and he managed it all the while. But my lawyer continues to pore through everything like a forensic accountant, trying to show every buy/sell correlation and where it went. What can we do to shut them up about this? Have we done our due diligence in proving my inheritance money is separate property and was never joint or commingled over the past 14 years?
rodan1956
New
 
Posts: 3
Joined: Wed Dec 27, 2017 4:10 pm

Re: STBX wants my inheritance

Unread postby TJinCA » Wed Dec 27, 2017 5:02 pm

It doesn't sound like there's any way you can get them to drop it, but it does sound like a long shot for her.

The good news is that you shouldn't have to prove it sufficiently to satisfy her or her lawyer, just enough to satisfy the judge. If there's nothing in the paperwork from 2004 to present that indicates comminglement, you're probably good even without the 2003 paperwork.

Do you by any chance have anything in writing (email, text, whatever) where she's complaining that you didn't put her name on it? I imagine that would help make your case that even she didn't think it was commingled until she decided she wanted a piece of it.
TJinCA
100+ Posts
 
Posts: 392
Joined: Mon Apr 03, 2017 3:36 pm
Location: Orange County, CA

Re: STBX wants my inheritance

Unread postby grandet2 » Wed Dec 27, 2017 5:20 pm

Dang, I had to pay my ex cuz I could find some statements too. Doesn't it feel great to know that she was eyeing the $$$ back then?

Your strategy is sound,

You should up the ante and have your attorney reach out to that you are being reasonable and you have proper documentation that all these separate.
And if the continue to pursue you will take this to trial and have the court pay your attorney costs.
“A woman worries about the future until she gets a husband, while a man never worries about the future until he gets a wife.”
grandet2
100+ Posts
 
Posts: 332
Joined: Wed Apr 19, 2017 10:02 am

Re: STBX wants my inheritance

Unread postby Chicyn2001 » Wed Dec 27, 2017 5:27 pm

I'm sure like everything else this varies state by state but a childhood friend of mine ran into some money years ago and his ex wasn't entitled to any of it even though she fought hard for it. As I recall, it was mostly tied up in the market and he never dipped into it thinking it would be part of his retirement. My mind is fuzzy but I believe the court found that his inheritance was going to be his regardless of whether he got married or not.
Chicyn2001
10+ Posts
 
Posts: 47
Joined: Mon Nov 20, 2017 12:15 pm

Re: STBX wants my inheritance

Unread postby rodan1956 » Wed Dec 27, 2017 5:42 pm

Chicyn2001 wrote:I'm sure like everything else this varies state by state but a childhood friend of mine ran into some money years ago and his ex wasn't entitled to any of it even though she fought hard for it. As I recall, it was mostly tied up in the market and he never dipped into it thinking it would be part of his retirement. My mind is fuzzy but I believe the court found that his inheritance was going to be his regardless of whether he got married or not.


My situation exactly. Most is tied up in stocks, and I never dipped into it, thinking it's part of my retirement. Or to help the kids pay back college loans later on.
rodan1956
New
 
Posts: 3
Joined: Wed Dec 27, 2017 4:10 pm

Re: STBX wants my inheritance

Unread postby GIdoc68 » Thu Dec 28, 2017 12:35 pm

It sounds like you are doing the right thing as far as the legal moves, but while you do that tell her to go F herself. And while you're at it keep the rest of your money too.
GIdoc68
10+ Posts
 
Posts: 37
Joined: Fri Dec 22, 2017 12:02 am


Return to Finances & Divorce Forum

Who is online

Users browsing this forum: chereeda, Google [Bot], needmygirls and 9 guests