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Questions of the Week
QUESTIONS OF THE WEEK - Wednesday, February 21, 2008 Heath Ledger had a daughter with actress Michelle Williams. I read that Heath's will left his entire estate to his daughter. Will Michelle get that money since their daughter is only two years old, or will the daughter get the money right away? The Lawyer of Love: Click here for new photos of Corri » Heath Ledger had a two-year-old daughter with Michelle Williams at the time of his death, and they were not married. It is really not clear whether Heath Ledger had a will. If he did not have a will, his assets generally will pass by what is referred to as "intestate succession." This is a statutory scheme that directs the disposition of assets upon death. These laws will vary from state to state. Depending on where he "resided" when he died, pursuant to intestate laws, most likely his entire estate would pass to his daughter. However, because Matilda is a minor, someone would have to be appointed to manage the funds, as a child may not own and manage the assets. If indeed he died without a will, depending on where he resided, Matilda most likely would receive all of the funds outright at the time she turns the age of majority. If Heath Ledger had a will, he probably set up a trust for Matilda. By writing a will, and setting up a trust, Heath (or any parent) may exert more control over when those funds are distributed or for what purpose the funds are used, such as college or other support. A trust may also be created to save taxes, if possible. The will and trust may appoint someone to manage the funds, rather than leaving it up to chance. There may also be some relief for Michelle Williams if she filed a case for child support, custody, etc. and a judgment was entered prior to Heath's death. Depending on where she filed, the decree may have provided for either a life insurance trust or possibly a claim against Heath's estate for child support, child-related expenses and educational expenses. The life insurance trust may be used as a mechanism to secure future child support -- medical and educational expenses for one parent in the event that other parent dies. I know that Charlie Sheen and Denise Richards are finally divorced, and that their two daughters live with Denise. I read that Denise is going to do a reality show that features her and the two children. Charlie tried to go to court to stop the reality show, but did not win. Can Charlie use this as a basis to get custody of his daughters? Also, what do you think of Denise's decision to do a reality show with her two daughters who are very young? The Lawyer of Love: Is there really a difference between Charlie Sheen flaunting his girlfriends and his children in photos all over the Internet and magazines and his children appearing in a reality show with their mother, Denise Richards? According to the gossip rags, Denise was successful, and the court laid out restrictions for the minors to appear in the reality show. Let's face it: Sheen probably objected because he was not approached with the reality show idea first or his publicists told him to exert his feigned concern in court. Either way, this alone does not give him a basis for custody -- especially when the court approved it! Denise's show is a Ryan Seacrest production. If you've ever watched Seacrest's Keeping Up With the Kardashians, Kim's younger half-sisters, who are a bit older than Denise's children, have very minor roles. I think that Denise's reality show will not focus on the minors. The spotlight will be on Denise and her daily drama. Perhaps a better reality show would be a re-enactment of Charlie and his Heidi Fleiss days. Warren B., Great Neck, New York: Brad and Angelina are having yet another kid (or two if magazine reports are right), and he adopted her three kids and they have biological kids together. If they break up, is Brad financially responsible for the adopted kids and what are Brad's financial obligations going to be to Angie for the kids? The Lawyer of Love: Every woman in America wants to know Angelina Jolie's secret to domesticating a man who was one of Hollywood's most eligible stud bachelors. It is one thing to get Brad to leave Jen, but quite another to convince him to follow you all over the world on a crusade of adoption. Either she tapped into the CIA's supply of brainwashing drugs or they are filming a reality show called the Stepford Husband. Because Brad legally adopted Angelina's children, he now added three more kids onto his support obligations. Calculating California child support guidelines involves a complicated algebraic formula that calculates child support based upon the parents' income, the percentage of time the parties spend with their children and numerous other factors. I would not feel too sorry for Brad just yet. After all, he claims to be a proponent of kid-centric global charities. A divorced female divorce attorney friend of mine from Denver is a pretty, very fit woman in her 40s with a killer body. Unlike you, she dresses like a refuge one day and like a Palm Beach grandma another. What can be said to her to get her to clean out the closet and hit the stores on Rodeo Drive? Attorneys seem to play the conservative role but do they all wear pantyhose? Help me help her! The Lawyer of Love: Maybe your lawyer girlfriend puts on this conservative woman act for everyone during the day and is really a naughty nympho at night? If she enlists your help or tells you that men find her dowdy, then you may suggest a makeover and take her on a shopping spree. However, if your friend did not ask for your guidance, then it really is not any of your concern and you need to accept her for her "inner beauty." Stephen D., Staten Island, NY: I have retired from a city job and receive a pension. I am currently working full-time again at a job that does not provide a second pension. I have been married for 21 years. How do I salvage some part of my pension, and is she entitled to any money I am currently making? I own a home and my wife doesn't work due to a debilitating illness. I have one child starting college this fall. The Lawyer of Love: Unless you win the lottery (preferably after your divorce), you will be living in your friend's unheated garage in the Bronx. You have a long marriage, your wife does not work due to a severe illness, you have minimal assets and you have a child going to college. If your wife's illness is incapacitating, then you may have to pay her permanent maintenance. In addition to maintenance, the court may award her a disproportionate share of the assets, including but not limited to your retirement benefits. The issue as to contribution toward college is discretionary with the judge in New York. The only way to salvage your pension at this point is to stay married or keep praying she runs off with a millionaire. First off, I love the pictures and your column. I am in the process of a divorce and have been seeing someone else for quite some time. My wife and I have three kids who live with her. I see the kids every day after school and on alternating weekends right now. Before our separation, my wife and I enjoyed the swinging lifestyle, which is how I actually met my new girlfriend. Now my wife is threatening to expose our swinging history to the court and take my kids away from me, unless I agree to give her everything. Can she do this? Will the judge take my kids away from me? The Lawyer of Love: A swinger wife in a glass house should not throw stones. She can threaten all she wants but she was engaging in the very same lifestyle she claims is now somehow detrimental to your children. Unless you and your new girlfriend are engaging in sexual relations in the presence of your children or somehow neglecting your children, her threats are baseless. Furthermore, she allows you presently to see your children daily. If you were truly a harm to your children, your wife would not allow such extensive contact and would seek court intervention. That is the way the court will most likely view the current situation. Do yourself and your children a favor and hire a pit bull lawyer who will bury her and her idle threats. I know someone who is married and they are having problems due to the wife's constant mood and personality swings. I advised him that filing for divorce and getting custody of the kids is hard to win against the mother, unless she is unfit. Would he have a leg to stand on if it is pursued? He loves his kids and was wondering if there was any chance he would get custody. The Lawyer of Love: Let me get out my crystal ball and provide you with an answer.... Fortunately, we have evolved to the point where fathers do win custody even when the mother is deemed a fit parent. Every case is different and custody cases are extremely complex. If a father believes in his heart that he is the better parent and it is in his children's best interests to be in his care and custody, then he will do whatever it takes to pursue it. My new guy and I have been dating for about four months and finally decided to take it into the bedroom (so far, we've only done oral). The first time we were going to have sex, we were making out, having a great time, he was hard, and when he went to put the condom on, he lost his erection. I thought maybe it was just nerves since it was the first time that we were going to be together, so we fooled around a little more and called it a night. Since then, we have tried to have sex at least 15 other times, and every single time we try to put the condom on, whether it's him or me, he loses his hard-on. He says that this has happened with other women, but I'm afraid it may be me. What makes it worse is that every time it happens, my boyfriend is in a bad mood and then we end up fighting for a few days. I care about him deeply, and while sex isn't the only thing that matters in a relationship, it does matter to me. What do you think I should do? The Lawyer of Love: Maybe his poor little penis has condom limp-dick phobia ("CLDP")! Let's face it: Woman cannot live happily on oral and vibrators alone. You need to confront Mr. Limp Dick and give him options -- he can seek professional help or you are leaving. Mr. LD first needs to go to a physician to determine if the problem is physical. If it is not physical, then it is psychological and he may seek specialized therapy for the problem. If he is not willing to do this, then you have done all you can and you should tell Mr. LD goodbye. Let some other moron live with his CLDP. Corri, I've been dating this girl for about three months. She's kind of a whack job and the night I was going to break up with her, she told me that she's pregnant and the kid is mine. Interestingly, she told me she is on the pill and I've used condoms every single time that we have had sex. I already read your advice about not signing any paperwork at the hospital and needing to get a DNA test and I'm going to do that. But if the child is mine, I don't know that I want my girlfriend to raise the kid. What can I do to protect my rights and my kid in this situation? The Lawyer of Love: Unfortunately, you cannot take her to Whack Jobs Anonymous. First and foremost, request a DNA test to determine if it is your child. If indeed it is your child and you believe she's a psycho, immediately after birth (and a positive DNA result), you need to hire a kick-ass zealous lawyer to pursue temporary and permanent custody of your child. Because you do not live with the child, the longer you wait to pursue custody, the more difficult it may be to allege that it is in the best interests to move the child out of the mother's care. You simply cannot go into court and assert the whack-job offensive. You may also need psychological evidence and various other forms of proof to assert that she is a danger to the child and an unfit mother. I have been seeing a man -- I'll call him Dick -- for nearly one year now. When Dick and I first became involved, he told me upfront that he did not want a relationship. I told him that I did not want just a sexual relationship with him and that I was fine just being friends with him and that I really like just being friends with him. After about two weeks of being "just friends," Dick told me that he was willing to try working at a relationship. Dick and I started seeing each other romantically, and would get together about once a week. Every time Dick and I get too close, he shuts me out and pushes me away. Am I a fool for staying in this relationship? I feel so awful when he pushes me out, but when we are together and things are going well, they are so great. The Lawyer of Love: To put it bluntly, Dick is only interested in his dick. You have to consider whether your needs are being met and you are happy in this relationship. If not, then you need to say "sayonara" to Dick. As long as you continue to allow Dick to treat you like a doormat, he will. Dick is getting everything he wants from you and this one-sided, so-called relationship. He sees you when he wants, has sex with you when he decides and does not have to do the work necessary to maintain a "true" relationship.
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