Not unless he changes his will and leaves his children nothing. Then there would be nothing ‘to help you out’ with.
There are many ways he could structure his estate that would prevent the children from giving you money. The main way would be to put the money in a trust with limits and conditions on it.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
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Durham, NC 27713
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
A trust is a legal entity that holds assets for a beneficiary - such as a child or a family member - designated to eventually receive the assets.
When a trust is established, an individual or corporate entity is designated to oversee or manage the assets in the trust. This individual or entity is called a trustee. A trustee can be a professional with financial knowledge, a relative, a loyal friend, a corporation or another person.
So… he could set up a trust for his children with stipulations, but I would think that would once they get access to the funds or assets they could use them as they see fit. If he set up a trustee that was “hostile” to you I think the children could end up with nothing. While his intention may not be to leave them nothing, that may be what happens. Regardless, it will be a mess.
You really need to go get a job and a life. I saw your other post about child support. You present yourself as the true epitomy of a gold digger.
You care so much about your kids- get off your butt go get a job or TWO and take care of them. Do like the rest of us have to do. I am SICK of women being able to play the victim and get away with it. Your marriage ended you had kids involved- get over it move on. Stop WHINING about it.
When your child support ends you are going to have to do something so get to it now- you have two years.
If the tide were turned and YOU had money would you give a damn about what happens to your EX? I doubt it being as self centered and greedy as you appear to be.
Sorry to be so abrasive. I don’t know you or who you are but this is the way it appears to me. I don’t feel sorry for ya one bit.
a bitter EX- husband that has been screwed over by the legal system 1 too many times.
Well, I am sorry bitter ex-husband if I appear to “whining”. I am sick of being attacked on this forum when I did nothing wrong! It seems everyone agrees that I deserve as little as possible when I devoted my life to my children and yes, my cheating, alcoholic, wealthy ex husband who made me live like a pauper! YOU cannot imagine the hell I went through with his connivance and evilness! YOU have NO idea how the “law” in this county treated me! Like I was a criminal! Whatever the ex desired, he GOT. Funny. Everyone on here seems to think WOMEN deserve nothing and apparently, the Court believes that too! How else do you explain how a physician walked away with more than 50% of the property? How else do you explain that adultery was not allowed in the Courtroom? How else do you explain that the judge allowed me NO attorney fees? How else do you explain that I was ordered to pay 50% of everything for my child when my income is less than 18% of his??? How else do you explain that at 50, I had to start my life over??? I have NOT sat on my ass! I had 2,000 to my name when WE separated and weighed 87 pounds! I had two children to support, a home that ate money, HIS bills to pay and NO job! I had NO credit cards, no access to bank accounts, and no money with which to hire an attorney! It took four months to get anything at all from him and then it was minimal! How do you explain that the judge cut my expenses by over 2,000 in the Final Analysis? How do you explain that a man who makes over 1/2 million a year pays me only 24,000 a year? Is that all I deserve? I guess so! So thanks a lot! It’s fine that I lose my house, my lawyer takes 40% of the assets, and the damn physician walks away with over 50% of everything and over 90% of his salary! 21 years of my life counts for nothing! What the hell is marriage anyway??? Screw all of you! And now I get to “watch” while he buys his girlfriend a house and a new car and not to mention the girlfriend he had prior to the divorce who cost me over 50,000 in expenses that I didn’t know about! So, fine! Ex wives deserve nothing! Once the marriage ends, you are tossed out like a piece of garbage and deserve nothing, nothing, nothing! YOU count for NOTHING! I work 10 hours a day. I tutor in the evenings. I work during the summers and never, never, never will I make the salary I could have if I’d continued working! But, due to the marriage, an interlude ONLY, I don’t have as much as I would have! He works 5 hours a day. He gets to go to all the sports activities of my son, a son he didn’t want. He gets to reimburse himself from the so called “college funds” for any expenses. He gets reimbursed from his office for medical expenses while I have to pay him 1/2. In other words, he “double dips”. Paid from his office and paid from me! YOU tell me if you think this is fair. If so, there is something wrong, wrong, wrong WITH YOU!!!
CORRECTION! MY income is NOT l8% of his! Typo! It’s 8%! Thought that would make you happy! Child support 3%. DO the math!
My children will inherit a substantial estate from their father upon his death unless he is so cruel to leave them nothing, which is a possibility. What I am asking is if there is anything legally he can do prior to his death that could keep them from helping me out if I survive their father? My children know how much I’ve suffered and my oldest one has already told me that I have nothing to worry about if he can help it. I know this is a hypothetical situation, but I’m sure the ex will cover all the bases known to man. Might even be the first to take it with him in a U-Haul. I don’t anticipate outliving him as this divorce has about killed me anyway. Just asking.