Marriage or fraud

[Frogpeace]

My father was a naturalized citizen. He passed away in Dec of 2009 there is a woman claiming to be his wife. She claims they got married in dec of 2001 in Colombia, South America she has a "marriage Certificate" by a notary in Colombia. The same notary that "preformed wedding" Also signed its authentication in 2010. She is now trying to be appointed as his executor of his estate. there was no will. She is unable to come to the U.S. however she has an american lawyer. She lived with my dad for three years in the United States They both filed income taxes as single individuals. My dad had property and had signed affidavits stating he was not married during the time they lived together. Is there any law or way for me to fight this. Immagration denied her request to change status. I have audio taped conversations of this woman talking to her boyfriend while residing with my father stating she was trying to marry my father for a visa and for money. Again is there any law that may help me?

 

[HomeGuru]

My father was a naturalized citizen. He passed away in Dec of 2009 there is a woman claiming to be his wife. She claims they got married in dec of 2001 in Colombia, South America she has a "marriage Certificate" by a notary in Colombia. The same notary that "preformed wedding" Also signed its authentication in 2010. She is now trying to be appointed as his executor of his estate. there was no will. She is unable to come to the U.S. however she has an american lawyer. She lived with my dad for three years in the United States They both filed income taxes as single individuals. My dad had property and had signed affidavits stating he was not married during the time they lived together. Is there any law or way for me to fight this. Immagration denied her request to change status. I have audio taped conversations of this woman talking to her boyfriend while residing with my father stating she was trying to marry my father for a visa and for money. Again is there any law that may help me?

**A: confusing. What exactly are you trying to fight?

 

[candg918]

It sounds like she (supposed wife) was denied a green card based on her marriage claim yet is trying to use that claim as the basis to get a spouse's share of the estate and perhaps make a claim against his pensions(I would expect Social Security widow's benefits are in her sights as well).

OP, you need a probate/estate lawyer to assist you in fighting this claim. Some assets will transfer outside of probate and she is not entitled to those. depending on the size of the estate, it may not be economically feasible to fight her. While logically things like filing taxes as single individuals would seem to support that they were not married, not everything with te law (and immigration) is logical.

Post additional questions in the estate section of the forum.