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common law marriage partner deceased (help)

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bigal1128

Guest
my Aunt had been living with her "husband" for 19
years in the state of connecticut, they have an 18 year old son. her "husband" passed away this morning. my question is does my Aunt have any legal claim to his pension? he was a municipal worker (retired)
however he has an ex-wife (divorced for 20 years)
and a couple of grown up children.

thanks in advance if any one can help.

Big-Al
 


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Grandma B

Guest
Since CT is not a common law state, your aunt will be wishing she'd not eschewed saying "I do". I hope she's not living in a home titled in his name only. Since they didn't have their union legalized, it's likely they also don't have wills bequeathing their estates to each other.

Their son should have some rights to his dad's estate, as would his other grown children. The ex-wife's rights would depend not on how long they've been divorced, but on how long they were married.
 

JETX

Senior Member
Since you make no mention of a will, I assume that the person died 'intestate' (without a will).

If correct, "In the case of a person who dies "intestate," having left no Will, an application for appointment of an administrator to handle the decedent's affairs and property must be filed in the probate court in the district in which the decedent had his/her permanent residence at the time of death. This is usually done by the decedent's surviving spouse, an adult child, or other relative. The court will appoint an administrator who will have the same duties as an executor named in a will. The law favors the appointment of close relatives, such as the spouse or a child. Both the administrator and the executor are referred to as the "fiduciary," a term used to denote a person (or persons) who holds a position of trust involving the handling of the property of another."

Simply, in the eyes of the law, he died without a spouse. As such, 100% of his estate goes to his children per CT law.


Of interest:
http://www.jud.state.ct.us/LawLib/Notebooks/Pathfinders/PropertyRightsofHusbandandWife/prophw.htm
 
Y

yoyoma

Guest
Big Gal:

Your Aunt would have all the rights to his pension, 401K, IRA, life insurance if she is the named benificiary.

Same with the house, checking, saving account.

Joint property is still joint property.

So if she is NOT listed as a joint owner, then she will have to move soon.

Lets just hope this "husband" wasnt so lazy that his benificary is still the ex wife of 20 years....then she will get the big payday, not your aunt!
 
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bigal1128

Guest
thanks to all who responded. we learned alot about common law marriage and learned that if you are going to live with someone for this long in ct. you better be married. thanks again.
 
Y

yoyoma

Guest
To Big Gal:

Yes its better to be married........

But as long as the benificares of the money is the other person, then there would not be a a problem.

You have a retirement account, it asks you who do you want the beneficiary to be, well.. go and change it!

Same with bank accounts checking accounts, same with buying property, life insurance, who will be named to get the $$$ when they die?

It not that big a deal, untill someone dies.
 

JETX

Senior Member
Simply, YOYO is wrong again.....

He said, "You have a retirement account, it asks you who do you want the beneficiary to be, well.. go and change it!
Same with bank accounts checking accounts, same with buying property, life insurance, who will be named to get the $$$ when they die?"

You do NOT name beneficiaries of bank accounts or property. You can claim joint ownership with rights of survival... but the decedants estate will own the 'joint' part!!

Another of his many, many worthless (and wrong) posts!!
 
Y

yoyoma

Guest
Domestic Partners

If you are not married but have a domestic partner, naming that person as your 401(k) beneficiary
could actually help concretize your domestic partnership from a legal point of view, says Pete Warner,
Senior Manager with Deloitte and Touche's Human Capital Advisory Services group in San Francisco.

The action could be used as evidence when registering as domestic partners in cities where that is an
option, and it could also be used as evidence to obtain domestic partner health benefits.

To avoid any surprises, if you name your domestic partner as a beneficiary it might be a good idea to
see how local courts have supported (or not) any past appeals by family members against a domestic
partner named as a beneficiary, Warner said.
 

JETX

Senior Member
More of NoYo's crap... who the hell said ANYTHING about domestic partners... and your information is from California... and the poster is in Connecticut. The only things similar about the two is that that they are both on the water and both start with the letter "C".
 

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