Harry Gross: Wife has inherit rights
Dear Harry: I have a close friend who has been incarcerated for the last eight years. He is married to a woman who has only been to see him twice in all that time. She doesn't even write to answer his letters. A little while ago, his father died and left him a pretty large inheritance. She knows about this and is already counting on getting a big piece of it. He will be out early next year and will then file for divorce. However, he is concerned that she will get some of that money if he dies even though he just made a will leaving her one dollar with an explanation as to why. The "jailhouse lawyer" who prepared it for him said that she can't be disinherited in spite of the will and her abandoning him. Is this so? How can he keep her hands off it if he dies before the divorce?
What Harry says: Unfortunately, there is no way. Let's hope he stays healthy. A spouse may not be disinherited without his or her consent. If there are no children and he has no parents, she can claim $30,000 and half the remainder. If there are children who are also hers, she gets the same thing. However, if there are children who are not also hers, she gets the half, but no $30,000. Incidentally, I see no reason that he should not start divorce proceedings now. Why delay until he's out? It's just a shame that he didn't do this long ago.
Write Harry Gross c/o the Daily News, 400 N. Broad St., Philadelphia, PA 19130. Harry urges all his readers to give blood - contact the American Red Cross at 800-GIVE LIFE.
