Probate re: Common Law Marriage

[Homer2big]

What is the name of your state? PA
Brother passed on July 25,2006. "Common-law" wife left as beneficiary in his Will. Medical bills far out way estate not to mention other creditors. She can not afford to stay in home (doesn't work; medical issues of her own). Life Insurance was $62k. Considering buying trailer for $25k leaving her about 2 years worth of cash. If sell home she would get nothing, correct? Valued at $128k; owes $40k on mortgage - no other liens.

I know creditors get their debts from the estate, but this just seems crazy. I guess in hind-sight brother should've had more lift insurance and/or better medical insurance?

Anything at all out there to help HER situation?

 

[tigger22472]

What is the name of your state? PA
Brother passed on July 25,2006. "Common-law" wife left as beneficiary in his Will. Medical bills far out way estate not to mention other creditors. She can not afford to stay in home (doesn't work; medical issues of her own). Life Insurance was $62k. Considering buying trailer for $25k leaving her about 2 years worth of cash. If sell home she would get nothing, correct? Valued at $128k; owes $40k on mortgage - no other liens.

I know creditors get their debts from the estate, but this just seems crazy. I guess in hind-sight brother should've had more lift insurance and/or better medical insurance?

Anything at all out there to help HER situation?

She needs to check with the attorney and see who has made claims to the estate because they only have so much time.

 

[Homer2big]

Probate re: Common-law Marriage

Speaking of "just so much time". I have another Post titled "Public Notification" out there since Thursday, but no advice yet. When does the clock start ticking on creditors? If they've been notified directly (phone and fax / mailing of Death Certificate) is that "Legal Notification"?

 

[ladybg1]

when I did my dad's estate a notice had to be published in the paper where he lived. I can't remember how long it had to be published-couple of weeks I think. Then the creditors had about 60 days to file a claim.

 

[BelizeBreeze]

Until this 'woman' provides proof to the court that there was, in fact, a common law marriage as per PA statutes, she is entitle to nothing under the probate code.

 

[Homer2big]

Probate re: Common Law Marriage

She is in his Will as the beneficiary of his estate as well.

 

[BelizeBreeze]

She is in his Will as the beneficiary of his estate as well.

and you didn't feel this was necessary information to know AT THE BEGINNING?

Sorry, but I won't waste anymore time with someone who manipulates the facts until they need them.

 

[Homer2big]

Probate re: Common Law Marriage

I stated that fact in my very first post / very first sentence:

"Brother passed on July 25,2006. "Common-law" wife left as beneficiary in his Will".