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Old 07-19-2018, 10:34 PM
 
5,246 posts, read 2,396,138 times
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Quote:
Originally Posted by kell490 View Post
That's not true she can prove she had a relationship with the person easily I forgot what state this happened in but all kinds of case law that supports this stuff. She can contest a will and tie it up in court yes there is money 800k home. Her attorney can depose people to prove she was in a long term relationship most people are afraid to commit perjury they will tell the truth about what their relationship was. I saw it happen in the end it was far cheaper to settle for a small portion of money to get rid of them then fight in court.
Being in a relationship doesn’t convey an ownership interest in the property.
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Old 07-20-2018, 12:17 AM
 
1,004 posts, read 288,961 times
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Quote:
Originally Posted by desperatedogadvice View Post
Yes. To take her back to the casita in Arizona.
So did this actually happen? And were there any problems as she left?
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Old 07-20-2018, 02:59 PM
 
Location: Raleigh
7,071 posts, read 5,243,971 times
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Quote:
Originally Posted by kell490 View Post
That's not true she can prove she had a relationship with the person easily I forgot what state this happened in but all kinds of case law that supports this stuff. She can contest a will and tie it up in court yes there is money 800k home. Her attorney can depose people to prove she was in a long term relationship most people are afraid to commit perjury they will tell the truth about what their relationship was. I saw it happen in the end it was far cheaper to settle for a small portion of money to get rid of them then fight in court.
No, most states don't recognize common law marriage. Those that do require the couple to present as a married couple. This didn't happen. Try it this way, as far as we know. Dad didn't introduce her as "my wife" and then the kids found out they weren't married. What if the deceased hadn't died, but said, "I don't think this is working out and I want you to move out." Her recourse would be, "bite me, I'm a legal resident here," and his legal recourse would be to give proper notice as her landlord, followed by an eviction if she refused to comply.
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Old 07-20-2018, 03:34 PM
 
1,731 posts, read 1,181,879 times
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Glad it's settled. What a joke it would have been for the LIG to inherit something only for her to pass away and bequeath it to her own kids. That's wrong IMO.

This situation should be a reminder to everyone who remarries or hooks up in their latter years to be upgrade your wills.
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Old 07-21-2018, 10:25 AM
 
978 posts, read 535,457 times
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So was the LIG actually picked up by her daughter and moved back to AZ? Did the move go forward without drama or issues?

I would think the LIG would find living alone in the house was lonely after a while and prefer to be closer to her daughter, but who knows.

Hope the OP comes back and tells us how everything turned out.
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Old 07-22-2018, 11:21 PM
 
Location: Portland, Oregon
9,814 posts, read 15,950,413 times
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Odds are the residence in question is within a mile of my home. The situation described, where an elderly couple cohabitates, is not uncommon. My sister's wealthy FIL had just such an arrangement but he gave his LIG of many years a life estate for his home and income from his farm for as long as she lived. My sister was not happy but as my Mother told her she should be thankful that the LIG took care of her FIL.

In fact one of my neighbors had just such a living arrangement but the woman in this case passed first. As his name was not on the lease he could not continue to live in the apartment but provisions were made by the estate for him to stay several months. He moved to a retirement residence in the neighborhood.

Agreed the LIG only lived with the deceased for 5 years but that was likely not the expectation for either of them. The LIG probably did not have enough income to care for such an expensive home as the deceased made no provision for income. After a suitable mourning period it would have been appropriate to offer the LIG several thousands (keep in mind the fact that a one bedroom apartment in the area easily rents for $2,00/mo+) and assistance in moving so that the estate could be settled. Both of the heirs were correct in the resolution of their father's estate.

Frankly the heirs were lucky that the couple did not marry.
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Old 07-23-2018, 08:45 AM
 
528 posts, read 137,380 times
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Quote:
Originally Posted by rugrats2001 View Post
This comment from the OP casts doubt on the entire story. There would be no reason whatsoever to mask the genders of the 'inheritors' and then parse the comments for the sin of "Gender Assumption".
Gender is mentioned in the title...what am I missing? Girlfriend...girl..female.
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Old 07-23-2018, 10:06 AM
 
5,246 posts, read 2,396,138 times
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Quote:
Originally Posted by STLgaltoo View Post
Gender is mentioned in the title...what am I missing? Girlfriend...girl..female.
It was very clear in the post that you quoted.

Quote:
Originally Posted by rugrats2001 View Post
This comment from the OP casts doubt on the entire story. There would be no reason whatsoever to mask the genders of the 'inheritors' and then parse the comments for the sin of "Gender Assumption".
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