Q: how to structure a will when you know there will be a divorce down the line? WIll it help to move to PA?
My wife has we believe borderline personality disorder (possibly aspergers) although she is an HR manager. Every year for 2-4 months ...last year it was heavy drinking, screaming to my 5 yr. old and I that she had another family she was going to leave me and take my daughter with her. My now 6yr old loves mommy but also asks why she goes crazy, why she lies, why won't she stop drinking wine. I do real estate and if I get a divorce and lose half I won't have a business. I rehab and rent old houses (have 28 units) and in NY I will lose half and they barely make anything since everything is reinvested. I also homeschool my daughter and have been the primary care giver all my daughters life. My father is 80 with assets around 1 million. 1. We need to know how to structure it so that my wife cannot touch anything he leaves me or my daughter in his will. 2. I need to get out of this but will not leave until I know I get primary custody. I know I need film of her crazy - thanks, ryan
A: Anything you get from your father is separate property as long as you keep it in an account in your name alone. Anything that goes to your daughter is hers and ideally can only be used for her benefit until she is 18 when it becomes hers. As for custody, based on what you have said, you have a good chance to get custody. I strongly suggest you sit down with a divorce attorney for a consultation and give him all the facts for a more comprehensive answer.
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