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Fraud?

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texasfern

Junior Member
What is the name of your state (only U.S. law)? Texas

After 50years of marriage my parents divorced so that he could marry a woman he brought over from Viet Nam in the 70s.
During the years he lived with this woman property was purchased with her signing as his legal wife. They were married in Viet Nam I am told. None of this property was bought after he legally married her.
Community property was not listed in the divorce.
My father has since died and my mother does not receive any portion of his SS , military or employment retirement benifits.
He and this woman have no children, I am his only biological child.
She, however, has 4 children, all of which were mentioned in his will. I was not.
What rights does my mother have and do I have any?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

After 50years of marriage my parents divorced so that he could marry a woman he brought over from Viet Nam in the 70s.
During the years he lived with this woman property was purchased with her signing as his legal wife. They were married in Viet Nam I am told. None of this property was bought after he legally married her.
Community property was not listed in the divorce.
My father has since died and my mother does not receive any portion of his SS , military or employment retirement benifits.
He and this woman have no children, I am his only biological child.
She, however, has 4 children, all of which were mentioned in his will. I was not.
What rights does my mother have and do I have any?
Your mother was married to your father for more than 10 years, therefore she is entitled to claim SS retirement benefits based on his earnings record, rather than her own, if that would net her a higher benefit.

Had it been handled in the divorce, she could have also been entitled to a share of his military retirement benefits, but its too late for that now. The same applies to dividing what used to be community property.

Other than that, your father had the right to leave his money and property to whomever he liked.
 

texasfern

Junior Member
Are the land purchases my father and this woman signed together, even not legally married legal and not fraudulant?
 

mistoffolees

Senior Member
Since the other woman and your father were pretending to be married while your father was married to your mother, it could fall under Texas bigamy laws. However, it's most likely too late to do anything about it. Time to do something was while it was going on.
Unless she just found out about it. If that is the case, there's an outside chance she can do something about it, but needs to see an attorney ASAP.
 

Farfalla

Member
Are the land purchases my father and this woman signed together, even not legally married legal and not fraudulant?
I'm not sure about this. If you read the other thread I pointed you to, and the Texas laws, than you know it is illegal to for a person to represent themselve as the spouse of someone who is already married. It is also illegal to represent oneself as married when not married, bigamy or not.

So... I think it is fraud. There are questions such as statues of limitations, if the DA will prosecute, if the companies who gave out the mortages care. You and your mom can talk to an attorney and to the DA. See what they think.
 

Farfalla

Member
Unless she just found out about it. If that is the case, there's an outside chance she can do something about it, but needs to see an attorney ASAP.
You bring up a good point... if she just found out about things like this property existing, I wonder if he owned the property during their divorce but he did not disclose it... can the OP's mom now go back and claim that she has claim to some portion of the property?
 

LdiJ

Senior Member
You bring up a good point... if she just found out about things like this property existing, I wonder if he owned the property during their divorce but he did not disclose it... can the OP's mom now go back and claim that she has claim to some portion of the property?
I am going to disagree.

Based on what the OP has posted, his/her parents were married for 50 years but dad has been living with the other woman for some time. (maybe even since the 70's) They then divorced and dad MARRIED the other woman, legally.

Also, based on what he posted his mother didn't go after any community assets or his military retirement when they officially divorced.

Yes, there may have been some fraud going on prior to the divorce, but they did divorce, and he did marry the other woman, apparently legally. So at the time that he died, she apparently was his legal wife.

I think that OP's mom would have had lots of recourse in the divorce itself, but apparently she chose not to go after what she would have been legally entitled to at that point. Of course, if it can be proven that things were not disclosed to her (assets etc.) that might be a different story, but since dad is now deceased that might be difficult to prove.

All in all, since dad was apparently legally married to the women when he died, I don't think that mom has much recourse, and certainly the son/daughter doesn't have any.
 

Farfalla

Member
I am going to disagree.

Based on what the OP has posted, his/her parents were married for 50 years but dad has been living with the other woman for some time. (maybe even since the 70's) They then divorced and dad MARRIED the other woman, legally.

Also, based on what he posted his mother didn't go after any community assets or his military retirement when they officially divorced.

Yes, there may have been some fraud going on prior to the divorce, but they did divorce, and he did marry the other woman, apparently legally. So at the time that he died, she apparently was his legal wife.

I think that OP's mom would have had lots of recourse in the divorce itself, but apparently she chose not to go after what she would have been legally entitled to at that point. Of course, if it can be proven that things were not disclosed to her (assets etc.) that might be a different story, but since dad is now deceased that might be difficult to prove.

All in all, since dad was apparently legally married to the women when he died, I don't think that mom has much recourse, and certainly the son/daughter doesn't have any.
I was asking a question, not making a statement.

I agree with what you wrote. OP stated that dad and the other woman did present themselves as husband and wife in some venues while dad was still married to his/her mom. But that was decades ago. Dad and mom divorced, mom seems to have not been concerned about things like a property settlement. So mom is out of luck. Any fraud that occurred was so long ago it probably cannot be proven. Statues of limitation are probably long past. Dad left nothing to the OP. And that's that. Sad but seems like that's the story in a nutshell.
 

mistoffolees

Senior Member
I was asking a question, not making a statement.

I agree with what you wrote. OP stated that dad and the other woman did present themselves as husband and wife in some venues while dad was still married to his/her mom. But that was decades ago. Dad and mom divorced, mom seems to have not been concerned about things like a property settlement. So mom is out of luck. Any fraud that occurred was so long ago it probably cannot be proven. Statues of limitation are probably long past. Dad left nothing to the OP. And that's that. Sad but seems like that's the story in a nutshell.
There just aren't enough facts to be sure of the timeline.

The relevant issue I was bringing up is that for many issues, statute of limitations begins at the time of discovery of an action. So if he did something 30 years ago and she just discovered it, then she may still be OK.

Not very likely, perhaps, but OP should be aware that if the activities were just discovered, there's still a chance of some recovery. Granted, it's a remote chance, but it's worth talking with an attorney about.
 

Farfalla

Member
There just aren't enough facts to be sure of the timeline.

The relevant issue I was bringing up is that for many issues, statute of limitations begins at the time of discovery of an action. So if he did something 30 years ago and she just discovered it, then she may still be OK.

Not very likely, perhaps, but OP should be aware that if the activities were just discovered, there's still a chance of some recovery. Granted, it's a remote chance, but it's worth talking with an attorney about.
yes, I understood your point and agree
 

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