is this legal

[catdog23]

What is the name of your state (only U.S. law)? texas
i dont know all the terminology so forgive me please, this is all new.
i have many questions but will try to make it short -aunt passed away a yr and half ago in tx...she had just moved there with a male friend, she passed within mths of moving to texas. this friend moved in the courts 3 mths after her passing to establish himself as "administrator"... there was a listing of assests and some of these were retirement funds...this friend put himself as the spouse and on the same page his marital status was listed as single...then the next line stated "commonlaw" husband. they only lived together for a few months...this i know.

my aunts siblings were listed in this paperwork but were never contacted about this proceeding... there was even a lawyers signature stating he was representing them.
Yet, they had no knowledge of this as they all live in another state. IN.

Doesnt retirement funds normally have beneficiaries listed? If so, would he be able to take them over anyway? If not, would he be able to take them over anyway?

Also the siblings are looking into a possible will of hers that was left in yet another state.

I dont understand how a judge and lawyer have all signed this paperwork (my uncle found online or thru another lawyer?) for this friend to suddenly become the administrator of her assests...and claim to be commonlaw..Is this legal?

Any info is greatly appreciated. I dont beleive he is aware there is a will somewhere else, and this will has not been read yet.
thanks

 

[anteater]

There are some requirements for a common law to be considered valid:

Q: What makes a common law marriage?
A: Three elements must be present to form a common law marriage in Texas.
First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.

Q: My common law husband and I have been living in Texas and now want to validate our common law marriage so that it is legally recognized. How do we do that?
A: You can record a form prescribed by the Bureau of Vital Statistics which is available at your county clerk's office.

Q:If I end up going to court to prove up a common law marriage, what will I need to show?
A: You will need to prove up the elements of the common law marriage doctrine as outlined elsewhere in this article. In order to do this, you must show evidence on each point. Your own testimony can be evidence of the existence of a common law marriage; for example, you can testify that your partner introduced you in social situations as his wife, or that you introduced him as your husband. Other people can also testify to the same effect. In addition, you can ask the court to consider documents which reflect that you and your partner held yourselves out to the world as being married. Typical documents presented in these types of cases include leases signed as husband and wife, tax returns filed jointly as a married couple, and insurance policies listing one person as the other person's spouse.

Yes, retirement accounts normally have designated beneficiaries. But, if there is no designated beneficiary or that beneficiary is deceased, then the funds would likely become part of the probate estate.

A will does not have to be "read."

Other than that, you are going on very little information. Your aunt's siblings need to retain an attorney in Texas to represent them. Like yesterday.

 

[catdog23]

how would family members find out what is in a siblings will?

so agreeing to being commonlaw husb and wife...verbal works too? and one sided after your commonlaw partner passes?

So you can go to court to prove a commonlaw marriage AFTER the partners death?


wow.

thanks again for the input!

 

[anteater]

how would family members find out what is in a siblings will?

If the will has submitted for probate, then it is available for viewing at the court. And it might be possible to have a copy made and mailed for a fee by calling the court.

so agreeing to being commonlaw husb and wife...verbal works too? and one sided after your commonlaw partner passes?

So you can go to court to prove a commonlaw marriage AFTER the partners death?

Yes, verbal can work, although some hard documentation is better. It is a question of fact to be determined by the court, if challenged.

No, one side can not simply declare that an informal marriage (the correct term in TX) exists.

Retain that attorney in TX!!!!!

 

[catdog23]

Yes I agree, they need to get the lawyer on this.



My add'l question here is if commonlaw cannot be a one sided agreement, then how is this appearing to be Legal? Again, we've seen copies of paperwork with all this information with a judge's signature and his lawyers signature..

thanks

 

[anteater]

My add'l question here is if commonlaw cannot be a one sided agreement, then how is this appearing to be Legal? Again, we've seen copies of paperwork with all this information with a judge's signature and his lawyers signature..

thanks

Legal, schmegal. At this point, who cares? The judge apparently accepted it. The relatives' task now is to get into court and challenge the friend to prove it.

 

[catdog23]

they are talking with a lawyer and apparantly have been -

i am curious to know say, if this person who has already went thru court system and was granted executor/administrator (dont know what the diff is sorry)of aunts personal things/house/vehicles/$$/ etc....and her siblings and their lawyer are able to prove he was actually not "commonlaw" husband, what happens to all the personal belongings he was awarded over a yr ago?

say he rec'd alot of $ and spent it all..sold all her properties, what is a possible outcome?

thanks in advance, once again sorry for not knowing the proper terminology here.

 

[anteater]

Executor/Personal Representative/Administrator.... Pretty much the same thing. The terminology differs by state and whether there is a will or not.

....what happens to all the personal belongings he was awarded over a yr ago?

say he rec'd alot of $ and spent it all..sold all her properties, what is a possible outcome?

Then they will have to try to get him to return it - either through persuasion or lawsuit. That's what happens when people wait 1-1/2 years to become interested.

By the way, I had assumed that the probate proceeding was still open. Is it? If the estate is closed, their hurdles may be much greater. But the attorney they are retaiining should know more about that.

 

[catdog23]

i dont know if it is still open or not...i dont know if theres a limit of time to be left open in tx either..could it be reopened if so? i also dont know who decides it to be closed.
it has just been discovered she left a will in another state....the papers in probate stated deceased left no will....however we know now there is one.

so there are assets listed in probate possibly awarded to presumed commonlaw husband, and on the other hand now there is a will - i have no idea if the items listed in probate are listed on this will too....

thanks again so much~

 

[catdog23]

Just learned last evening that the lawyer my fam retained said he would have to get back to them in a couple weeks. what is that? theyve already spent $ and he is not moving on this at all. nice.a

its difficult to find good lawyers in your own state let alone another state.
any suggestions?

 

[anteater]

The family should give it a little time. Two weeks seems to me be reasonable. A newly-retained attorney can not just drop every other matter. The attorney will have to obtain and review the probate case file. If, after two weeks, they have heard nothing. then begin bugging the attorney.

I said it before, but I'll repeat it. The family waited 1-1/2 years. Two weeks is not much time compared to that.

 

[catdog23]

thanks for your reply, apparantly its been a few wks already since the lawyer was first contacted. I am learning bits and pieces as I go. And yes I am certain they are saying the same things regarding the time that has already gone by. Maybe others will learn by reading this as well....

thanks again.

 

[catdog23]

just an update....boyfriend - boyfriends attorneys - and company she had her retirement through ......all being sued!

all assets are froze!!


Thanks so much!