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Personal Representative Misrepresenting Self as Spouse/Common Law

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Mandy474

Junior Member
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?
 


Dandy Don

Senior Member
What is the value of the estate?

You need to be talking to a local probate attorney NOW so he can intervene with a motion as soon as possible to challenge her standing as PR--she has no legal grounds to do so except for the fact that she was the first one to file.

DANDY DON IN OKLAHOMA ([email protected])
 

Mandy474

Junior Member
Joint Tenants w/o Right of Surviorship

Thank you Dandy Don. I was beginning to think I had written about a taboo subject for this forum.

Do you happen to know how DC veiws "joint tenant" without the words "right of surviorship" in deeds?
 

seniorjudge

Senior Member
Just a guess, but since "joint tenant" means the survivor gets it, then the omission of the words "with the right of survivorship" is irrelevant.
 

nextwife

Senior Member
What is the name of your state? Washington, DC

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.
In many states, Jt Tenant, without "Rights of Survivorship", is sufficient. And if held as jt tenant, surviving JT. Tenant gets the property.

Anyway, did dad leave a will, or die intestate? If he left a will, it was his right to name his GF as PR and to leave her whatever he wished. And his right to add his GF -OF TWELVE YEARS -to title in any manner he wished.
 

Mandy474

Junior Member
(the wife of the son speaks...) No will. And everyone knew the fathers wishes, which was to leave the house to his only son. Everyone except the greedy GF who feels she was entitled due to the fact she allowed a man to come into her life for 12 years and he gave her nothing. His son wasn named beneficiary to all accounts life insurancee, retirement, etc.). You would think that something could be done based on that alone.
 

Some Random Guy

Senior Member
No will. And everyone knew the fathers wishes, which was to leave the house to his only son
Well the father did two things wrong. He had no will and titled the deed on the house so it would go directly to the girlfriend. His verbal wishes aren't going to mean much when they are directly contradicted by the written deed.
 

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