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You are here: Home / Probate Forum / Open Question: Married & receiving a will?

Open Question: Married & receiving a will?

April 2, 2012 by Anthony Nitz

A relative, who passed away, left me money in his will. My husband, who’s incarcerated, is named in the will also.

I’m in the process of hiring a probate lawyer, but in the meantime, I need a couple questions answered:

1) My husband and I are pretty much ready to call
it quits due to his incarceration. Will the money
come in two separate checks with our own names,
or one check and we’re expected to split it?

2) I ask the 1st question, because he owes the
government (child support). Can the gov’t take a portion from the will? I don’t want it taken out of my portion, as the children were from his previous
marriage.

Serious & mature answers only.

Thanks, 10 points.

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