My husband and I are legally married for over 5 years. He is in prison with no release date yet, waiting on sentence modification. My disabled child has a current malpractice case and we may receive money. I have also filed guardanship for my child and we are waiting for a court date. Is that money for my kid martial property??
I don't practice family law, however, it is highly unlikely that funds being held by a guardian would be considered marital. If something happens to your child, then the child's assets may pass by intestacy laws to you and your imprisoned spouse. Consult an attorney for Assistance with your role and responsibilities as guardian.
The money belongs to your child. The only way that there would be a martial portion would be if you made a claim for loss of the child’s services and actually receive an award based on that claim (usually only in the case of a jury verdict). That portion is probably marital property. In the case of a settlement, it is usually not so earmarked. It’s safer just to have the entire thing attributable to the child’s injuries.
There exists no attorney-client relationship as a result of any post I make on this site. If you seek further information, you must contact the attorney of your choice and set up a time to meet with them in person. Regardless of the answer to the question set forth herein, same is meant only for informational purposes, and to assist the person asking the question in understanding the legal environment surrounding their case. The answer is not a substitute for retaining an attorney to review your case and to provide advice based upon a detailed review of same, and you should absolutely never use such information in efforts to represent yourself.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline