my girlfriend and I are going to talk to her financial advisor about her estate and the advisor said something about myself having a claim in it now. i just want to know if this is true. I do not care about her money, i just want to know.
2007-01-24 07:09:17 · 6 answers · asked by david g 2 in Politics & Government ➔ Law & Ethics
If you have been living with her for 4 years then you have a spousal interest in her estate and posessory rights to the home you lived in as it is now deemed to be a matrimonial home.
2007-01-24 07:52:58 · answer #1 · answered by Jack 6 · 0⤊ 0⤋
Depends on your state or province. The length of time to be considered common law can vary from place to place. Some places it is six months, some places it is 7 years.
In just about all places the following applies (provided you are considered commonlaw) :
If she dies intestate (no will) you would be entitled to something. (All if she has no children, or a percentage depending on the amount of children she has and if they are your children too.
If she dies leaving a will and you are not in it, you would be entitled to an accounting of her estate and would be entitled to an equalization similar to that that would be performed in a divorce.
NOTE: Life insurance policies or pensions with a designated beneficiary do not form part of an estate and are paid to the beneficiary directly.
If she wants you to have the proceeds of these, she should name you as beneficiary, regardless of if she wills everything to you.
2007-01-24 15:56:57 · answer #2 · answered by elysialaw 6 · 0⤊ 0⤋
Her adviser is correctomundo. Claim it now and then should something happen then she has stated in the papers you DO have a right to the estate. If you don't and something happens most states say too bad. Remember Oh geez the fat blond that married the rich ol' dude.....OH Anna Nicole Smith. Her rich ol' man and her did get married but in his estate it was never written. She fought like a cat in heat for the cash and made millions off of her sob story.
Best answer......Get it in writing!
2007-01-24 15:25:17 · answer #3 · answered by Uncle Red 6 · 0⤊ 0⤋
It depends on what state you are in. Some states have a common law marriage, if you live together for so long you are considered married as far as estate goes.
2007-01-24 15:14:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on the state's law of common law marriage. In New York, it's 7 years. Once you become common law, you are in fact entitled.
2007-01-24 15:17:21 · answer #5 · answered by Carrie 2 · 0⤊ 0⤋
This is a very good reason to get married. One of the benefits of marriage is being the other person's heir.
Good luck.
2007-01-24 15:24:19 · answer #6 · answered by Karen 4 · 0⤊ 0⤋