Support after seperation breakup

New Jersey. my mom and her boyfriend have been living together for over 20 years. they are both in their 70's. and they are engaged, but never married. because of his family, he is leaving her to live with his daughter, does not want to go, but the daughter is threatening never to speak to him again. 1.will my mom be able to get some kind of support from him after he leaves? she only collects a ss check for income. and, 2. would she be liable for any of his credit card debt in the case of his death.
thank you,
frank sisto

[I AM ALWAYS LIABLE]

Originally posted by Fsisto
New Jersey. my mom and her boyfriend have been living together for over 20 years. they are both in their 70's. and they are engaged, but never married. because of his family, he is leaving her to live with his daughter, does not want to go, but the daughter is threatening never to speak to him again. 1.will my mom be able to get some kind of support from him after he leaves? she only collects a ss check for income. and, 2. would she be liable for any of his credit card debt in the case of his death.
thank you,
frank sisto

My response:

No and no.

Your mother is not entitled to his Estate when he passes, either.

Without marriage, she has/had no protections under the law that married persons have.

Wish her good luck for me.

IAAL

Why dont they have wills made up to each other, then your mom will get whats in his will.

Has he made your mom the beneficiary of his life insurance policies? Or his IRA or 401K?

The STUPID kids dont have to get Squat, but without a Will OR a marriage they will inherit it all.

>>>>> would she be liable for any of his credit card debt in the case of his death.<<<<<<

Only if they get married, so do the math

And whats to stop him from sending your mom a couple of hundred a month anyway?

Hi zappy , thanks for your reply. Unfortuantely, he does have a wil but mom is not in it. He does have 2 insurance policies but she is not on them. Because they were never married, I guess they both never thought of this time in their lives. ( you know, it creep up on us!!)
His daughter has theatened my mom that she won't see any money once he leaves and lives with her . Looks like he is alowing his daughter to live his life, even though he claims that she has nothing to say in the matter. He wants to stay mom, but daughter has threatened not to talk to him again. he is only half there because his health is failing and he can't seem to make up his own mind these days. I have discussed with my mom that she should ask him for some money for support. But we are not sure if he will tell this to his daughter.
If mom goes to court to try to prove common law wife, is there a chance she can get some support and again, if she proves she is commom law wife, will she be responsible for his 10,000K credit card dept once he does pass. ( it might be soon.) He claims that this move is going to kill him....
Sincerely, Barbara

I don't believe NJ recognizes common law marriages.

[I AM ALWAYS LIABLE]

[quote]Originally posted by Fsisto
[b]



"If mom goes to court to try to prove common law wife, is there a chance she can get some support and again, if she proves she is commom law wife . . ."

==================================


My response:

Barbara, she can't file anything in court. New Jersey does not have "common law" marriage laws. There is no marriage. The both of them, under the law, were merely boyfriend and girlfriend. That's it.

Unless he gives her money out of the goodness of his heart, she is owed nothing by him.

IAAL

Thank you for your reponse.
Sincerely,
Barbara

Unfortuantely, he does have a wil but mom is not in it. He does have 2 insurance policies but she is not on them.<<<<<<<<<


So what is stopping him from doing this TODAY?



And yes if they marry she will be liable for his credit debt.

she would only be responsible for any JOINT debt. NJ is NOT a community property state. Best wishes, Barbara... if your dad is still mentally capable, I'd suggest he update his will and at least add your mom as a beneficiary on his insurance policies as Zappy suggests. Again, good luck.

thankyou for your reply. have a nice day,
Barbara