I was with her for 20 years then seperated i gave her the house and contents and car which was drawn up by solicitor 2 weeks after she passed away and her daughter took it upon herself to become executer and therefore taken procceeds of what was our estate
2007-05-07 00:15:11 · 14 answers · asked by Bill G 1 in Family & Relationships ➔ Marriage & Divorce
If you "gave her" then they were no longer yours.
When you say "our" estate who do you mean by "our"?
If daughter was executor that means there must have been a will. Are you left anything in the will?
Is she your wife's daughter or are you also the father?
I don't think you give enough info for anyone here to help you.
.
2007-05-07 00:21:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First, you need to determine if you ARE a common law wife. MOST states have not recognized common law marriages for some time. In those that do, simply living together does NOT constitute a common law marriage. Even if you are, that does NOT automatically make you his heir. In the absence of a will, a widow should be recognized as the primary heir. Between YOUR possessions being taken and the need to PROVE your relationship, you NEED an attorney whatever your rights may be.
2016-05-17 08:36:27 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Depending on the state you live in, many do not recognize common law marriages, you still may or maynot be considered her legal husband. (This is a very good example on why it is better to have a legal marriage.)
Although some states who recognize it, also require a divorce if you separate.
However, if there was no will, and your state does not recognize C.L.M., she is her mother's legal heir, and is entitled to all her mothers belongings. You may contest this, but since you were no longer together and things were divided when you left, you may still have no leg to stand on.
If you had a good relationship with her daughter, she may just let you have what you would like. If not, I hate to be the bearer of bad news, but, it does not look promising.
2007-05-07 00:56:13 · answer #3 · answered by treasuredwife69 5 · 1⤊ 0⤋
Okay, these are the states that allow for the establishment of CLM. Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah
These states allow certain CLM.
Georgia (if the elements were satisfied before January 1, 1997)
Idaho (if the elements were satisfied before January 1, 1996)
New Hampshire (for inheritance only)
Ohio (if the elements were satisfied before October 10, 1991)
Pennsylvania (if the elements were satisfied before January 1, 2005)
Was your CLM established in one of these states? If so, then you were truly CLM and would have to be formally divorced for the marriage to be dissolved. If you were only separated at the time of her death, then you were still legally married. Get yourself a lawyer. Get one now. Be prepared to support your claim of CLM.
Now if you are in Canada or any other country, the laws are different and I am not familiar with them.
2007-05-07 01:55:12 · answer #4 · answered by Poppet 7 · 0⤊ 0⤋
In the UK you wouldn't have a claim. Here there is no such thing as common law wife/husband. you may have been able to claim for things you could prove were partially yours, but then you weren't with her any more so you wouldnt have a chance. Always go to a solicitor in any event. Good luck
2007-05-07 02:14:16 · answer #5 · answered by shirley p 2 · 1⤊ 0⤋
GET a lawyer and fast if you are common law married then you are married and all this should be up to you to decide... I see you want to be a good guy ..... but after 20 years do you think this lady would want you to be left out in the cold? Get a lawyer now..... don't wait.......God bless
2007-05-07 00:21:06 · answer #6 · answered by skwquitty51 1 · 3⤊ 1⤋
So the girlfriend you shacked up with for 20 year was good enough for the house, but now that she has passed away you want to take it from your ex-girlfriend's daughter who it was probably left to?
Move on with your life and stop being petty.
2007-05-07 00:48:58 · answer #7 · answered by Anonymous · 0⤊ 2⤋
You shacked up for 20 years, then left. I doubt you'll have any claim over her blood relatives.
Move on. You SHOULD have taken what you wanted when you left. She didn't leave a will, you are s.o.l.
2007-05-07 00:45:15 · answer #8 · answered by Anonymous · 1⤊ 2⤋
I think you had better refer youself to a Family Law specialist solicitor rather than the hearsay of know-it-alls (like me) on YA.
2007-05-07 00:21:06 · answer #9 · answered by Yer Acker I be 2 · 3⤊ 1⤋
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Check it out it's worth it.
2014-09-25 23:48:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋