my husband whom i wasn't legally married to died in a hit and run. we have 4 children together.. i was trying to sue on behalf of my children, but just found out that i wouldn't be able to since i am not next of kin.. my so called mom in law has to sue.. we also have to establish an estate and i also won't be able to be the administrator for my children. why do i not have any rights when the children are mine. and if any money is won where will the money to raise the kids go? will it go to his mom? i guess nevada has no common law marriage even though we've been together for 11 years..i'm asking in hopes that there is someone who knows about the law pertaining to this cuz i have no money for a lawyer and wouldn't even know where to begin..
2006-09-05 11:47:34 · 12 answers · asked by spirited away 2 in Politics & Government ➔ Law & Ethics
Couple things:
1. Check your state's common law - marriage laws.
2. You can always sue on behalf of your children because they are technically his next of kin.
You have a very good case.
2006-09-09 11:38:28 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
1. you already began, you started asking questions. DON'T STOP!!!
2. get the phone and dial until your fingers get numb, and then use your toes and a pencil! Start with Social Services! Call the BAR! If you talk to ANY lawyer, ethics demand that he at least guides you to a lawyer who will help you!
3. Do NOT take any advice from anyone who is NOT an attorney licensed to practice in your state!!!
4. You are the mother, and are required to fight for your children. Anything else is superfluous to that. Go for the most and the best you can for your kids! Don't take NO for an answer!
5. You might not know a damned thing right now, but, when this is done, you might even go for the lawschool! It has happened before! DO NOT get discouraged in the fight. Millions are rooting for YOUR TEAM!
6. IMMEDIATELY ask the attorney about these things:
1. immediate compensation for living expenses from the courts, against the hit and run driver.
2. immediate Social Services aid, for YOU, and the kids!
3. File for Victim's funds to support the kids and yourself, (Have paystubs, income Tax Returns at hand!). Bring documents showing all living expenses, receipts for typical utilities, groceries,
school lunches, books, paper, car(s) expenses, gas, repairs for the past year...etc., ALL necessities, and the normal 10% extra for entertainment!
PILE IT ON!!! Make the driver and his insurance company, pay!
Hope he is wealthy, fully insured, and, in jail!
2006-09-05 12:07:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Consult a lawyer. It will depend on your state's laws, but after being together a certain amount of years (7 or 10 or so) you enter what's called common law marriage. Which basically says although you were never formally married you are informally married or "married by repute and habit". It's important to know that this is just as legally binding as a ceremonial, "official" marriage. If you're short on funds, look for a free consultation somewhere. If a lawyer believes you have a case, they may work for you and not ask for payment unless you win.
2006-09-05 11:53:13 · answer #3 · answered by Drag_The_Waters 3 · 0⤊ 0⤋
I would disagree, somewhat, with what you've been told. Just because you have no cause of action, you still stand in for your children in litigation. In other words, your children have a right to sue, and you are the only person who can stand in for them unless the court appoints a guardian ad litem.
Assuming the defendant has money that you can sue for, you should be able to get an attorney who will work on contingent, which means he or she will have to win to get paid.
You'll be looking for a personal injury (PI) attorney. Most PI attorneys do not charge for a consultation. Also, there is a cause of action called "loss on consortium" that I would inquire about. The rules on who can sue for it vary by state.
P.S. I'm sorry for your loss.
2006-09-05 11:50:20 · answer #4 · answered by Pepper 4 · 1⤊ 0⤋
The issue of your marriage (or not) and relation to your ex should have no effect on your legal relation to your children, if you are related to them by blood.
The children should be able to sue, and I can't imagine why their biological mother can't bring the suit on their behalf.
I think you may be being given false information, which is why you need to consult with a licensed attorney experienced in family law. Check your state bar for a referral hotline, or your local family court may be able to set you up with someone who does pro-bono work.
2006-09-05 11:49:15 · answer #5 · answered by coragryph 7 · 1⤊ 0⤋
That doesn't make any sense. If you are your children's legal guardian, you have a right to sue on their behalf and your "MIL" actually does NOT have a right. YOU don't have a right becaue you are not next of kin, but your children ARE next of kin.
Even if your MIL sued, the monies should go into the estate of your late "husband" which should be going to his children anyway.
2006-09-06 05:21:25 · answer #6 · answered by Milana P 5 · 0⤊ 0⤋
almost no state has commom law marriage any longer, and this is exactly what the gay right people are complaining about, they have no legal rights over thier partner.
so no he was not your husband, he was your live in boyfriend and father of your children, Your children need thier own attorney to represent them to represent thier rights.
Most likely money for the children will be put in Trust with you getting an amount to pay thier needs. And you will have to ask the trustee for any additional money for them.
If you don't want his mom to be the trustee you need to bring this to the attention of the court.
2006-09-05 12:21:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
because you were not married you have no rights to any money that may come from a lawsuit the money should not matter your kids will be entitled to half the money you can spend all the money on lawyers you want but the fact still remains you did not marry the man so you are not entitled to the money but you can always suggest to the mother in law to set up trust funds for the kids no amount of money will bring him back now my question for you is this. DO YOU THINK MONEY WILL SOLVE YOUR PROBLEMS?
2006-09-05 11:54:44 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Cuz you're a lowlife piece of trash who was used as a sperm receptacle. If you had really given a sh*t, you wouldn't have asked about using your dead husbands (who you weren't married to) credit card a week after he died. Stop worrying whether you or your mother in law (the mother of the guy you weren't married to) will get the lawsuit money and get your criminal record taken care.
2006-09-06 01:41:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You just found out the hard way a huge reason why people get legally married. It's more than just a piece of paper, regardless of what people say.
2006-09-05 11:54:11 · answer #10 · answered by Demon Doll 6 · 0⤊ 0⤋