Aging Parent-Long Time Non-Marital Relationship

[tjj]

What is the name of your state? North Dakota

I am an adult child of divorced parents. After my parents divorce, my father began a relationship and has lived with a woman since 1974 and has never married. However, during the course of the relationship, several material items have been acquired. According to her (a lifetime waitress), she has paid for everthing, my father owns nothing and everything is in her or her daughter's name (which I know is not true because I have seen vehicle registrations, etc.) My concern is as follows: my father is in declining health and does not have a will. If her name is listed jointly on any property that my father owns, does that automatically mean it will bypass estate and/or probate? I am trying to get him to get a will, but I'm certainly not having much luck. Any advice? Although certainly not wealthy, my father was always employed with decent wages. He is also a veteran and receives VA benefits for his medications and health care.

[LdiJ]

Originally Posted by tjj

What is the name of your state? North Dakota

I am an adult child of divorced parents. After my parents divorce, my father began a relationship and has lived with a woman since 1974 and has never married. However, during the course of the relationship, several material items have been acquired. According to her (a lifetime waitress), she has paid for everthing, my father owns nothing and everything is in her or her daughter's name (which I know is not true because I have seen vehicle registrations, etc.) My concern is as follows: my father is in declining health and does not have a will. If her name is listed jointly on any property that my father owns, does that automatically mean it will bypass estate and/or probate? I am trying to get him to get a will, but I'm certainly not having much luck. Any advice? Although certainly not wealthy, my father was always employed with decent wages. He is also a veteran and receives VA benefits for his medications and health care.

Yes, anything that they own jointly is likely to bypass probate and won't be part of his estate...which means that it will pass directly to her.

[BelizeBreeze]

North Dakota does not recognize common law marriages and did not during the time of this co-habitation. Tatum v. Tatum, 241 F.2d 401 (9th Cir. 1957), Schumacher v. Great Northern Ry. Co., 136 N.W. 85 (1912); and United States v. Michaelson, 58 F.Supp. 796 (D.Minn. 1945).

Therefore, anything that is NOT held as JTWROS (jointly with right of survivorship) remains the property of your father's estate upon his passing.
The woman also has no claim to any survivor benefits that might come through his VA benefits. [URL=http://www.va.gov/vetapp/files2/9414273.txt]DOCKET NO. 92-00 626[/URL]