Death Certificate Informant

[Kendralnk@yahoo]

What is the name of your state (only U.S. law)? Pa. My question refers to the common law that has been outlawed in Pa. since 2005 . I've been living with my signifigant other this Valentines Day would be 22 years. He had passed away in October of 2010 ,sudden death and his father took it in his regaurds to set up the funeral and close out his S.S and he put the death certificate in his name. Pat and I have never been married but lived together for 22 years bared a child who is now 20. We filed jointly on our taxes , both our names are on the proprety deed. should I by right be the informant on his death certificate so that i am able to see what properties in his name should go where and if that is my right can the death certificate be changed over into making me the informent ?

 

[mistoffolees]

See an attorney. This is not something you will be able to handle on your own.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Pa. My question refers to the common law that has been outlawed in Pa. since 2005 . I've been living with my signifigant other this Valentines Day would be 22 years. He had passed away in October of 2010 ,sudden death and his father took it in his regaurds to set up the funeral and close out his S.S and he put the death certificate in his name. Pat and I have never been married but lived together for 22 years bared a child who is now 20. We filed jointly on our taxes , both our names are on the proprety deed. should I by right be the informant on his death certificate so that i am able to see what properties in his name should go where and if that is my right can the death certificate be changed over into making me the informent ?

How did you file jointly if you were NOT married? Because quite frankly you are looking at a whole bunch of issues with the IRS for fraud. Was the estate probated? If not, there are issues. What did his father close out? His father is NOT Pat's heir. That would be HIS child. Unless a will states otherwise or there was a POD or beneficiary set up already.

 

[nextwife]

The informant on the Death certificate is merely the party who reported the data shown on the death certificate.

It does not impart the party who informed with any inheritance rights.

 

[Zigner]

How did you file jointly if you were NOT married? Because quite frankly you are looking at a whole bunch of issues with the IRS for fraud. Was the estate probated? If not, there are issues. What did his father close out? His father is NOT Pat's heir. That would be HIS child. Unless a will states otherwise or there was a POD or beneficiary set up already.

OG - it seems to me that they WERE (common-law) married.

 

[mistoffolees]

OG - it seems to me that they WERE (common-law) married.

That appears to be the case. I hesitate to say for sure, but it sure sounds like the considered themselves married - and were therefore entitled to file taxes as married.

 

[ecmst12]

Common law marriages established before 2005 are still recognized, so you may be in better shape then you realize, but you probably still need a lawyer to contest the asset distribution.

 

[justalayman]

=Ohiogal;2750410]How did you file jointly if you were NOT married?

from what I understand, until 2005, PA had common law marriage. If the OP was with the decedent for 22 years and fulfilled the requirements to be considered married, they were married for the IRS as well.

never mind, I see everybody else already mentioned this.

there could be a problem though:

Pat and I have never been married but lived together for 22 years bared a child who is now 20.

If she means they have never been married formally, then she still might be ok but since most states require a couple to legally married via common law, they must hold themselves out as married. That statement could be read as they did not consider themselves a married couple. If so, then they likely were not married.

 

[mistoffolees]

If she means they have never been married formally, then she still might be ok but since most states require a couple to legally married via common law, they must hold themselves out as married. That statement could be read as they did not consider themselves a married couple. If so, then they likely were not married.

I believe the wording in most states is that the couple must hold themselves out as husband and wife - not that they must consider themselves married. It's a semantic difference, but an important one.

The difference is that for many people, 'getting married' means the white dress, ceremony, bridesmaids, etc. So it is not uncommon for a common law person to refer to their partner as their husband or wife, but say that they never 'got' married.

In any event, OP needs to see an attorney to sort it all out.

 

[justalayman]

mistoffolees;2750609]I believe the wording in most states is that the couple must hold themselves out as husband and wife - not that they must consider themselves married. It's a semantic difference, but an important one.

but if they do not consider themselves married, they aren't going to hold themselves out as husband and wife.

The difference is that for many people, 'getting married' means the white dress, ceremony, bridesmaids, etc. So it is not uncommon for a common law person to refer to their partner as their husband or wife, but say that they never 'got' married.

right and that was my point.

In any event, OP needs to see an attorney to sort it all out.

absolutely

 

[Ohiogal]

but if they do not consider themselves married, they aren't going to hold themselves out as husband and wife.

right and that was my point.

absolutely

Which is what my issue is with the whole thing.

 

[mistoffolees]

Which is what my issue is with the whole thing.

Then let's ask:

OP:
- Did you call yourselves Mr. and Mrs.?
- Did you tell your friends that you were married?
- Did you file taxes as married? (this one seems to be yes from your original post)
- Did you ever tell yourselves that you were husband and wife?
- Do you have documents and/or witnesses who would testify to all of the above?

Here are the rules for common law marriage in PA (pre-2005). Note that the level of proof required is higher because ex is deceased. Once you answer the above questions, it will be easier to help.