False Marriage

[exiledangel]

What is the name of your state? COLORADO
I am curious. My son died a few weeks ago, he was never married although he was recently engaged to be married. The question I have is that recently his girlfriend from two years ago, with whom he had a child is now representing herself as being his wife. She has even filed a claim with the insurance company as his wife. They were never married and havent been together for over 2 years. Wouldnt she be breaking a law here? Also, even though Colorado accepts common law marriages wouldnt she still have to have some sort of way to prove it? Most importantly, do we have any recourse to stop her from making these claims? P.S. His death certificate shows him as unmarried.
Thanks,
A frustrated father,
Barry McDonald

[BelizeBreeze]

Originally Posted by exiledangel

What is the name of your state? COLORADO
I am curious. My son died a few weeks ago, he was never married although he was recently engaged to be married. The question I have is that recently his girlfriend from two years ago, with whom he had a child is now representing herself as being his wife. She has even filed a claim with the insurance company as his wife. They were never married and havent been together for over 2 years. Wouldnt she be breaking a law here?

Yes, IF the facts are as you've presented it's called insurance fraud.

Also, even though Colorado accepts common law marriages wouldnt she still have to have some sort of way to prove it?

Most importantly, do we have any recourse to stop her from making these claims? P.S. His death certificate shows him as unmarried.
Thanks,
A frustrated father,
Barry McDonald[/quote]
Yes, file a claim against the insurance. What matters here is who is the listed beneficiary on the policy. Insurance passes outside of probate and is not subject to division except as stipulated in the policy.

Now a question. WHERE did they live while together. was it always in colorado or in other places?

[exiledangel]

Now a question. WHERE did they live while together. was it always in colorado or in other places?

He lived with her for approximatley 9 months here in Colorado only, never left the state. He then kicked her out. She is representing herself as his wife to the car insurance companies, when they asked for proof of her marriage to him her Lawyer submitted some applications that she had filled out to Medicaid etc where she had put his name down as spouse (this was well after they broke up) The car insurance companies told us that she would have to do better than that but instead of playing with her, they are now going to turn the claims over to the courts. Now we were advised when this all started that we didnt need a lawyer, that it just complicates things (by the victims advocate) but she got a lawyaer the day after he died! I am thinking maybe we need one now? Thanks for all your help, also, here is my sons memorial page, it was him and my two grandchildren, all of whom lived with me: [url]http://exiledangel.com/baj/[/url]

[BelizeBreeze]

Then yes, contact a local probate attorney and let them handle this matter.

It is far too complicated for an internet forum.