What is the name of your state? Washington, DC
Here are my questions:
1. How do I go about contesting a Personal Representative that is misrepresenting themselves as my late father's Spouse? Do I need a lawyer to do this?
2. What are the specific criteria for "Common Law Marriages" in DC?
3. Is the burden of proof on the girlfriend to prove she is the spouse or is it on me to prove she is not the spouse?
4. "Joint Tenant" (no mention of "Rights of Surviorship"), is there a loop hole that will allow me to get the family home back?
Here's my story:
The girlfriend is claiming to be the Spouse of my late father. My father did not remarry, however, he did date this person (girlfriend) for 12 years. If she is trying to claim "Common Law Marraige", they didn't file taxes as married nor did they refer to each other as husband and wife. In fact, the obituary, which was edited by the girlfriend, referred to her as the "life partner". What do I need to do to contest the courts Small Estate Order. Also, the only letter I received from DC Superior Court was the letter which assigned her as PR and ordered her to collect money based on the Homestead Allowance. Shouldn't I have recieved something prior to this and perhaps it should have been sent Certified Mail? I am the only child. I have already paid off all outstanding debt. Lastly, is the burden of poof on me to prove to the court that she was NOT his wife OR is the burden of proof on her (girlfriend)?
One more issue, the girlfriend's name was on my father's mortgage loan simply as a co-signer. Her name was on the deed as well citing "Joint Tenants". However she did not reside in the house, did not have keys, did not pay the mortgage or taxes. Is there a case law that has a loop hole for this kind of deed that would allow me to get the family home back? The loan was written in 1998 and it did not include the words "right of surviorship".
I have been googling this subject for weeks, however the case law stuff I have read appears to be a matter of interpretation. I am hoping someone on this site can help me. If you have any recommendation for probate???lawyers, please share.What is the name of your state?
Here are my questions:
1. How do I go about contesting a Personal Representative that is misrepresenting themselves as my late father's Spouse? Do I need a lawyer to do this?
2. What are the specific criteria for "Common Law Marriages" in DC?
3. Is the burden of proof on the girlfriend to prove she is the spouse or is it on me to prove she is not the spouse?
4. "Joint Tenant" (no mention of "Rights of Surviorship"), is there a loop hole that will allow me to get the family home back?
Here's my story:
The girlfriend is claiming to be the Spouse of my late father. My father did not remarry, however, he did date this person (girlfriend) for 12 years. If she is trying to claim "Common Law Marraige", they didn't file taxes as married nor did they refer to each other as husband and wife. In fact, the obituary, which was edited by the girlfriend, referred to her as the "life partner". What do I need to do to contest the courts Small Estate Order. Also, the only letter I received from DC Superior Court was the letter which assigned her as PR and ordered her to collect money based on the Homestead Allowance. Shouldn't I have recieved something prior to this and perhaps it should have been sent Certified Mail? I am the only child. I have already paid off all outstanding debt. Lastly, is the burden of poof on me to prove to the court that she was NOT his wife OR is the burden of proof on her (girlfriend)?
One more issue, the girlfriend's name was on my father's mortgage loan simply as a co-signer. Her name was on the deed as well citing "Joint Tenants". However she did not reside in the house, did not have keys, did not pay the mortgage or taxes. Is there a case law that has a loop hole for this kind of deed that would allow me to get the family home back? The loan was written in 1998 and it did not include the words "right of surviorship".
I have been googling this subject for weeks, however the case law stuff I have read appears to be a matter of interpretation. I am hoping someone on this site can help me. If you have any recommendation for probate???lawyers, please share.What is the name of your state?