my father passed away. he left a little bit like the truck and and a few things behind. my stepmom is deciding its all hers. i'm not sure they were even legally married though and this is what i need help on. she married my dad in virginia while she was still married to my mother in pennsylvania. is there a way to check up on that and can anybody tell me what to do so my little brother and i can have our inheritance without being scammed? she was 26 and he was 56.
2007-02-20 14:27:57 · 7 answers · asked by b4dmuthafuka 2 in Politics & Government ➔ Law & Ethics
He was 56 and she was 26, obviously she killed him for the truck..
Tell the sheriff about your suspicion. If he died in bed all bets are off.
2007-02-20 14:54:00 · answer #1 · answered by Sgt 524 5 · 0⤊ 1⤋
Ok, the first step is to get copies of both marriage licenses, and then ask your mother if to her knowledge there was ever a
dissolution action filed by your dad against her, or vice versa. There are so called common law states which recognize a divorce if the couple live apart for seven years or more with no intent to reconcile. There is also the theory of constructive abandonment, which works on the same basic theory. Either way, if your dad had one wife or two, the probate is going to be
really complicated.
what the court will probably do is declare your mother his legal wife, and your stepmother a "putative" wife. This classification was created to protect people who find themselves in the position of being the second, third or sometimes even the
fourth spouse from claiming against the estate..
I hope this helps, good luck.
2007-02-20 14:47:43 · answer #2 · answered by Jeffrey V 4 · 1⤊ 0⤋
Contact an attorney. I'm assuming that there was no will, so the law differs from state to state as to what happens if a person dies without one. It is key that you find out whether your dad and stepmom were properly and legally married, I would have a PI check into this for you. Typically the law is, that the new "marriage" is void if your dad was still married to your mother in another state. In fact, your stepmom could potentially face criminal charges for bigamy, even if she wasn't aware, depending on what kind of laws are still on the books in your state (Kind of shitty, huh?) Get some good legal advice, good luck, I hope it all works out.
2007-02-20 14:40:32 · answer #3 · answered by justpeachee22 5 · 0⤊ 0⤋
you will possibly be able to desire to work out a replica of the desire. understand that some veterans prefer to flow to private physicians incredibly than the VA so there must be medical costs. uncertain why she had to apply their inheritance, tho - what occurred to something of his property? in case you think of the quantity of earnings touch is crucial adequate, you in all hazard might desire to get an attorney. in line with hazard the danger of having one might scare the aunt into being slightly extra impending with you. reliable good fortune!
2016-10-16 03:39:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Call a probate attorney. If what you say is correct, then you will receive far more than the attorney charges.
2007-02-20 14:32:58 · answer #5 · answered by J.R. 6 · 1⤊ 0⤋
You will need an Attorney. Try the sites below, make sure to watch the online movie presentations. If you have any questions, please contact me. Hope this helps.
2007-02-20 14:43:46 · answer #6 · answered by citronge69 4 · 0⤊ 1⤋
If she married your dad while she was still married to your mother, then you've got real problems! I don't think PA allows same-sex marrigages.
2007-02-20 14:38:14 · answer #7 · answered by BuddyL 5 · 1⤊ 2⤋