Every legal document- except marriage license

[gowest]

I posted this under Tax Law also:

My significant other of 21 years was killed in a car accident in 2001 (lawsuit pending against other driver). I was named by him in the following: Durable Power of Attorney, Health Care Proxy, and Living Will. I am the Executrix and sole beneficiary of estate valued well over $675,000. Neither of us were ever married (in our 40's) and have no children. My name was not on the deed to our home of 10 years. I paid all utilities, food, and day to day expenses (have receipts). We never passed ourselves off as "Mr. and Mrs." and live in New York. (Not a common-law state but the accident occured in a common-law state.)

I just paid an unbelievable amount of estate taxes...probate and attorney fees, all because we were not legally married. My estate attorney says there is nothing I can do put "pay". (Of course, when all is done, it is the lawyers and government who will be the real beneficiaries).

Can you tell me if there has ever been a successful court case where the Estate Tax has been challenged in circumstances similar to mine? Any suggestions on how and where I can research this?


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gowest

 

[ALawyer]

First my sincere condolences. Grief is not related to marital status.

Second, as you both had it in your power to get married, essentially you bore the risk of having to pay estate taxes should one of you die. That's the decision you made and you'll have to live with the consequences.

Third, if marital status was so important, I sure would have had a clever lawyer spend some time to see if perchance /he could help you possbly claim you legally became "married" in a common law state, perhaps on a vacation, as once married in a common law state you are legally married in all states and for estate tax purposes....

 

[gowest]

ALawyer...

Your response is appreciated...especially the condolences and your perception on grief. I still have the lawsuit to get through... where once again the "unmarried" issue will arise.

We spent a week in Colorado (common law state) just before the accident and 5 months in an Alabama (common law state) hospital, but he never regained consciouness.

Perhaps some "clever lawyers" in congress will work to permanently change the estate tax laws.

 

[ALawyer]

In theory the estate taxes will disappear for everyone in 2010, but then it bounces back in 2011. But are not estate taxes the fairest of them all?

While I do not like taxes, taxes are a price of democracy and freedom. And of all the potential forms of taxes estate tax is the most just.

And I don't expect Congress will try to cut many breaks for "unmarried couples".