Looking for advice for a family member

[jodi]

Re: Looking for advice for a family member

I thought that if you are married, you can't make the 401k beneficiary anyone other than your spouse unless your spouse consents in writing. True?

She was going to call this week to check on this - I'm sure they will tell her this if that's the case. I didn't even think of that!

[jodi]

Re: Looking for advice for a family member

In Missouri, by law, I could not remove my husband off of my health insurance or auto insurance as long as we were still legally married."

Interesting - I wonder if it's the same here in NY.

"I could not get his name off of the bank accounts, or even close the account without him being present and signing paperwork,"

Surprisingly, she had no trouble getting his name off the joint accounts.

"You also need to let your county know, or you will be paying personal property tax on his vehicle. If his name is on the title, it has to be removed BY him, in front of a notary."

They had two cars, so she signed the title of one of them over to him. I don't know if her car is in both of their names or just hers. We don't pay personal property taxes on vehicles in NY.

"Make sure if there is a mortage company that you get the 1098 sent to you. They only will send it to the FIRST name on the mortage--if its him, he gets it and claims it on the taxes"
Taxes are another whole issue...they have a minor grandchild who lived with them for about half of the year...plus he will have income from out-of-state. She doesn't know whether to file jointly or separately, but I told her I would help with all that when the time came. Maybe they will be more on speaking terms by then so we can figure this out together, or else it is going to be a nightmare.
(sorry about all the quotes, I'm still illiterate when it comes to quoting multiple times from one post)

[jodi]

Re: Looking for advice for a family member

Depends on the state your in. Tort law usually states that a party can seek legal remedy for all parties involved in the wrong doing. If the husband racks up debt on a joint account, then the creditor has the legal right to go after him, her, or both. They are allowed to go after who ever they have the best chance of getting repayment from. That would probably be her. His name has to be removed from all wills, accounts, etc. Your friend is going to run into some issues with the health insurance. If they are still legally married a creditor may be able to go after them and any joint assets that they have. It may not matter that the house or bank accounts are no longer in his name at that point. There are three legal entities when talking about a marriage. His estate, her estate, and their joint estate. It depends on the state as to how the procedure would go if someone wanted to sue. To make a long story short, she should file for divorce and cut him loose.

Scary. She really is taking a risk...but I do think it's too soon for her to be making any permanent decisions. These are great suggestions that will help me protect her for the time being. Thanks again!

[lorraine67]

Re: Looking for advice for a family member

Regarding the plates, it depends on the state in FL you must return the plates asap or they turn into pitbulls, other states do not have this requirement. If she is concerned about it she should contact the DMV. Seperating the finances may not be enough in some states as unless there is a legal seperation the partner who makes more is still responsible for the care and maintenance of the lower paid spouse (they do get a credit for this in divorce proceedings if it goes that far). I have a feeling her resistance to dropping healthcare, following up with DMV, etc...may be because she is not over the marriage and is hoping to work things out...as willing as you are to help out, much of your advice may fall on deaf ears---hopefully things work out for the best for everyone concerned.

This is the way I understand it also, she would at the least have to do a legal seperation in order for her to NOT be responsible for any bills he incurrs. She would still be responsible if they are still legally married. I agree also that he should be dropped from the insurance, bills could be staggering there also.