gregorygarver.com

[needingtofindtherainbow]

Father of my child currently jailed due to domestic violence charges.His father recently passed away.The will that was found states he is to be the sole heir to the estate.Changes were not completed @ his passing so the 1999 Last Will And Testament will have to be the only Will to be entered to the courts.Upon his fathers' passing he wrote to me disregarding his claim upon his fathers estate.He states he knew his father wanted,myself and our minor child,to have the home.Not him, being as how he was never a good son to begin with,he feels he is undeserving of anything.I cared for his father;with medical power of attorney for years.He was my best friend and I miss him more than words can say.I was just trying to start a new life elsewhere but many friends/family say I should stay and try to get a portion of the impending sale of the home. I'm told since I am in fear for my life and leaving the state I can request a portion of said monies to begin again with my child safely away ????

[freeman3905sbcglobalnet]

that's up to the stat that this happened in . like the state of ill. don't see com law. but after 7 years thy do and you get 1/2 . so you have call a lawyer in that state

[Tmarie99]

Yet ANOTHER reason not to shack up and play house.If you were with him for 16 years, why didn't you just get married?Good luck

[kp5436]

If you live in the U.S...There are VERY FEW states that still recognize common law marriage. Even in those that do recognize it, there is no “7-year rule” (that's a myth). You can be considered common law married even if you haven’t lived together 7 years--if you meet the requirements for it. And, even if you’ve lived together 20 years you still might not be considered common law married--if you don’t meet the requirements, and it requires MORE than JUST living together. The most basic requirement for it is that you must have “held yourself out to be husband and wife”. However, an inheritance is considered ‘separate property’, not martial property (as long as it remains separate and is not ‘co-mingled’). So, even as a legally married woman--and I’ve been married almost 20 years--I have no legal rights to my husband’s inheritance. Your child, however, *may* have some rights. But…your child basically has the right to receive financial support from his/her father, so IF he/she is receiving that…But IF he (‘he’ being your ex-boyfriend/the child’s father) wants to give the money to you/the child, then he certainly can do that.I’d highly suggest that you discuss this with a local attorney.

[MS]

Ask a lawyer in your state; some will take a case like thatfor a percentage of what you get.

[julielove327]

These laws differ from state to state. I would see if your area has a Legal Aid Society and consult them.