End of Life Legalities Questions

[EJD1984]

What is the name of your state (only U.S. law)? Maryland

I have a few delicate questions regarding my father. He is 68 years old, but has terminal lung cancer, and has only a few days/weeks left in his life, and is currently receiving home hospice (and not coherent at all).

These questions may seem heartless, but is more just out of curiosity.

1. He has been living with his girlfriend for the past 15 years. In Maryland, would this now be considered a Common Law Marriage?

2. The house has always been in his girlfriend’s name. If they have become common law married, does/did he have any co-ownership of the house? If so, would that portion be passed down to me.

3. There had been talk of the girlfriend making a will out to leave the house to him. If she did, and with him passing, would that part of the will be transferred to me.

4. My father has never made out a will at all, so I’m flying a bit blind now. Plus the girlfriend doesn't have any immediate family.

As I said, these do seem heartless, and personally I wouldn’t want to cause any trouble for the girlfriend, want anything from her, and/or to kick her out of her home. If none of this is applicable, I'll just quietly move on after my fathers passing.

Just curious as to the legal issues and what my rights might be.

 

[justalayman]

1. He has been living with his girlfriend for the past 15 years. In Maryland, would this now be considered a Common Law Marriage?

If they have always lived in MD, no. Maryland does not have common law marriage.

2. The house has always been in his girlfriend’s name. If they have become common law married, does/did he have any co-ownership of the house? If so, would that portion be passed down to me.

He owns nothing. You get nothing.

3. There had been talk of the girlfriend making a will out to leave the house to him. If she did, and with him passing, would that part of the will be transferred to me.

Unless she gave it to him or if he predeceases her, to his heirs, it would not go to you. It doesn't matter right now anyway. Her will means nothing until she dies. She can change it any time prior to her death.

4. My father has never made out a will at all, so I’m flying a bit blind now. Plus the girlfriend doesn't have any immediate family.

ok

As I said, these do seem heartless, and personally I wouldn’t want to cause any trouble for the girlfriend, want anything from her, and/or to kick her out of her home. If none of this is applicable, I'll just quietly move on after my fathers passing.

Unless you have something else, it sounds like it's time to move on.

 

[curb1]

Does father have title to anything? Most (perhaps all) of this looks like a "whiff" for you.

 

[xylene]

Question

ok

Solid

OP - your father's is going to die intestate - so his estate belongs to you.

He is not married and he has no other children (assumption from your post - do you have siblings?)

His estate does not include any part of the house he currently lives in, from the facts you give.

 

[EJD1984]

Unless she gave it to him or if he predeceases her, to his heirs, it would not go to you. It doesn't matter right now anyway. Her will means nothing until she dies. She can change it any time prior to her death.

What I was referring to. If she did make the will out for my father to inherit the house upon her death, and she passes 10+ years from now without changing the will. Would I take the place of my father at that point?

 

[EJD1984]

Does father have title to anything? Most (perhaps all) of this looks like a "whiff" for you.

The only thing that I know of that is 100% in my fathers name is a 1995 Nissan minivan. Which I really don't need or want.

Also, since he's on social security, would I get any survivor benefits? Or is that just for a spouse.

 

[anteater]

1. He has been living with his girlfriend for the past 15 years. In Maryland, would this now be considered a Common Law Marriage?

Maryland does not allow for the formation of common law marriages. (Even in the few states that do provide for the formation of common law marriages, it would take more than simply living together to form one.)

3. There had been talk of the girlfriend making a will out to leave the house to him. If she did, and with him passing, would that part of the will be transferred to me.

It would depend upon the provisions of the will. In particular, if there is such a will, what it states, if anything, in case your father were to predecease girlfriend.

4. My father has never made out a will at all, so I’m flying a bit blind now. Plus the girlfriend doesn't have any immediate family.

You (and any siblings) would be entitled to inherit any of your father's separately-owned assets.

 

[justalayman]

Solid
.

rolleyes?

I didn't see a question there. It was a statement.

 

[Just Blue]

The only thing that I know of that is 100% in my fathers name is a 1995 Nissan minivan. Which I really don't need or want.

Also, since he's on social security, would I get any survivor benefits? Or is that just for a spouse.

Yes. Your postings are heartless.

 

[anteater]

Unless she gave it to him or if he predeceases her, to his heirs, it would not go to you.

Just a caveat... I don't know if Maryland case law in some ways qualifies the statute, but Maryland has one of the widest-ranging anti-lapse statutes that I have seen. Usually, the predeceased beneficiary must be a relative of the testator (varying degrees in different states) before an anti-lapse statute applies, but MD statute simply states:

§ 4-403. Lapse


(a) Death of legatee prior to testator. -- Unless a contrary intent is expressly indicated in the will, a legacy may not lapse or fail because of the death of a legatee after the execution of the will but prior to the death of the testator if the legatee is:

(1) Actually and specifically named as legatee;

(2) Described or in any manner referred to, designated, or identified as legatee in the will; or

(3) A member of a class in whose favor a legacy is made.

(b) Effect of death of legatee. -- A legacy described in subsection (a) of this section shall have the same effect and operation in law to direct the distribution of the property directly from the estate of the person who owned the property to those persons who would have taken the property if the legatee had died, testate or intestate, owning the property.

Again unless there is case law qualifying that, if the girlfriend's will were silent on what happens to father's bequest if he predeceases, then it appears that the OP would stand to receive the bequest.

 

[justalayman]

Again unless there is case law qualifying that, if the girlfriend's will were silent on what happens to father's bequest if he predeceases, then it appears that the OP would stand to receive the bequest.

thanks.



Hey swalsh, here's one.


so, to the question:

2. The house has always been in his girlfriend’s name. If they have become common law married, does/did he have any co-ownership of the house? If so, would that portion be passed down to me.

right now, even if the will was written and it gave your father something, it doesn't mean anything. The will does not become enforceable until she dies. If she gave your father something in the will and does not change it prior to her death, it would appear you could inherit what was directed to him. (but depends on exactly what the will says to the matter)

Of course there a lot of what if's and if it happens in that.

 

[LdiJ]

thanks.



Hey swalsh, here's one.


so, to the question:



right now, even if the will was written and it gave your father something, it doesn't mean anything. The will does not become enforceable until she dies. If she gave your father something in the will and does not change it prior to her death, it would appear you could inherit what was directed to him. (but depends on exactly what the will says to the matter)

Of course there a lot of what if's and if it happens in that.

I would actually be quite suprised if the girlfriend doesn't change her will...or that the will didn't specify a life estate to OP's dad, rather than being left to him outright.

 

[ecmst12]

I see no earthly reason why girlfriend would write up a new will, now, when your dad is in his final days or weeks, leaving anything to him knowing that she will outlive him. If she wants to leave her house to you, she would just leave it to you. And why would she want to leave her house to you? Undoubtedly, by the time her end is near, she will have found something better to do with her property.

 

[EJD1984]

Yes. Your postings are heartless.

I'm truly sorry that you feel this way. I'm just trying to get questions that are bouncing around in my head. This is a VERY difficult and confusing time for me.

I don't expect or really want anything. Just thought I'd ask all possible questions prior to "the time" so that I can be at peace, quietly grieve and move on.

 

[EJD1984]

I see no earthly reason why girlfriend would write up a new will, now, when your dad is in his final days or weeks, leaving anything to him knowing that she will outlive him. If she wants to leave her house to you, she would just leave it to you. And why would she want to leave her house to you? Undoubtedly, by the time her end is near, she will have found something better to do with her property.

There was a time when her will, years ago, was setup to leave all of the assets and house to her distant niece,but last I head 4-5 years ago, she was going to change that to my father. And at a time like this - I WILL NOT ask her that question (if ever at all). If the niece it still in the will, that's fine with me.

If it was changed I guess I may find that out years from now when her time comes to move on.

I do plan on staying in contact with her out of gratefulness as to how she has loved and taken care of my father over the years.