[JD86]

I was hoping someone else would jump in on this one. It really is a sticky wicket. You are right that it depends on which state you are in and community property states are especially difficult to plan for this kind of distribution. I do not practice in a community property state. One thing I suggest to everyone getting married for a second, or third.. time is that they have a pre-nuptial agreement, especially if they have children. Everyone getting married expects to be married forever, but it doesn't always work out that way. The best thing about a pre-nuptial agreement is it sets out who has what at the beginning. It is a great way to document inherited property. So even if you stayed married until your spouse died, the pre-nupt could document what you owned before you got married and that would be considered non-marital property in most states. For those who are married and didn't write a pre-nupt....it is best to have a candid discussion with your spouse and write wills that will protect your children, especially if you are in a sitution of his, hers and ours. As with all other complicated questions, please consult an attorney in your state for specific questions.

[JD86]

Since Larry didn't come back to tell another joke, here is a True Story as my thank you.

A TRUE STORY Great true lawyer story! (Can you say "too smart for one's own good"?)

A Charlotte, NC, man having purchased a box of very rare and expensive cigars then insured them against fire among other things. Within a month having smoked his entire stock-pile of these great cigars and without yet having made even his first premium payment on the policy, the man filed a claim against the insurance company.

In his claim, the man stated the cigars were lost "in a series of small fires." The insurance company refused to pay, citing the obvious reason: that the man had consumed the cigars in the normal fashion. The lawyer sued....and won! In delivering the ruling the judge agreed with the insurance company that the claim was frivolous. The Judge stated nevertheless, that the man held a policy from the company in which it had warranted that the cigars were insurable and also guaranteed that it would insure them against fire, without defining what is considered to be "unacceptable fire," and was obligated to pay the claim.

Rather than endure a lengthy and costly appeal process, the insurance company accepted the ruling and paid $15,000.00 to the man for his loss of the rare cigars lost in the "fires."

NOW FOR THE BEST PART

After the man cashed the check, the insurance company had him arrested on 24 counts of ARSON!!!! With his own insurance claim and testimony from the previous case being used against him, the man was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000 fine.

-This is a true story and was the 1st place winner in the recent Criminal Lawyers Darwin Award Contest