Deceased partner, adult step-kids taking everything

What is the name of your state?What is the name of your state? Washington

My life long partner (wife) passed away a year ago 8/04. We were together 20 years. She passed away from cancer and wrote a will, leaving nothing to me, which included our 7-acre property. She willed it to her 4 children. This property had her name on it only and it was paid off.

Her children are claiming that we were not legally married, therefore I get nothing and are trying to sell it. I currently live on this property and have a temporary order stating I have exclusive rights to it till a trial November 30th. The temporary order also states that a meretricious relationship occurred and I have the right to make an offer to purchase this property for half the value. However, her children are doing everything they can to sell this to someone other than me.

Here is the exact wording from the order:

The Court finds it clear that a marriage ceremony dated April 8, 1987 took place between the decedent Ann Doe and Bob Doe, which sufficiently demonstrates under Revised Code of Washington, chapter 26, some presumption of validity. There is evidence to rebut this presumption by conduct of Plaintiff and the descendent, indicating that their partnership consisted of something other than a traditional marriage; however, they are entitled to so act, the ultimate issue as to the foregoing shall be resolved at trial.

The Court finds that the evidence does support a prima facia case of either a meretricious or marital relationship, the ultimate issue as to the foregoing shall be resolved at trial.

The Court finds under the law that the descendent had the ability to convey/will her portion of the community property to her adult children, which she did.

The Court finds it appropriate to order the sale of the real property and any mobile homes on the property that a purchaser may be interested in purchasing.

The Court finds that Plaintiff has made a prima facia showing that he is entitled to one-half of the property, however, he has not yet presented to the Court any sufficient facts indicating that he has the ability to make an offer to cash out the estate’s interests in the property. The ultimate issue as to the estate and Plaintiffs interest in the property is reserved for trial.

I have 2 promissory notes of financing to offer 130,000 for this property and just wrote a letter to the court offering this. I am wondering what else can I do to keep and protect my homeland (property). I am looking for a case law and or precedent that would allow me the exclusive rights to purchase this property before any other outsider that may be interested. Any and all replies are appreciated.

Do you have an attorney? Do they?

I had an attorney up until 2 weeks ago that did almost nothing and I paid over $10,000 for. I finally let him go and am looking for another prior to trial in November. The other party, two of the siblings are represented by the same attorney and the other two siblings are on there own.

Thank you for citing the judges decision, that is very helpful.

The key to your case is proving that you had a "meretricious relationship" which would entitle you to equatible distribution of the property you shared in common, her children would still be entitled by virtue of the will to her remaining equitity/estate. You were not mentioned at all in her will?

......When married couples break up or one is deceased, the domestic relations laws under RCW ensure that their community property (which is most of the property that they accumulated during the course of their relationship) will be divided "justly and equitably." When one spouse dies without a will, the laws say that the community property will go to the surviving spouse.

The law used to be that unmarried couples did not have any of those protections. When a couple was not married and broke up, the partner who held the property in his or her name got to keep the property. When one partner died without a will, the law said that whatever property he or she owned would pass to his or her blood relatives. Over the past 15 years, courts in Washington have found that this rule led to some very unfair results. So, when a couple had "a stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist" (the definition of "meretricious relationship" set up by the Washington Supreme Court in Connell v. Francisco Connell v. Francisco, 127 Wn.2d 339, 346, 898 P.2d 831 (1995)), the courts decided that that upon the death of one partner or the dissolution of the relationship, that relationship would be treated like a marriage.

The application of the "meretricious relationship" doctrine cited in Pennington v. Pennington and Chesterfield v. Nash are examples of how different factors were decided upon appeal, remember each case is decided on an individual basis. Here is another link to Washington court opinion http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=229424MAJ also offers case law. You may want to look up some of the opinions and counsel for the parties declaring a meretricious relaitonship who won, prior to your court date.

Her family/heirs are challenging the existance of a "meretricious relationship" in lieu of a marriage which is further compounded by the fact that she had a will which did not include you. What was your joint understanding of your rights to community property with your partner? When was the will written, before or after your relationship, before or after she recieved the diagnosis? Did you have knowledge of the will before it was produced?

This doctrine of equity could be withheld depending on your answers to these questions because of the existance of the will. Did you retreive your files from your attorney and what written documentation do your have of their work on your case and pleadings including citation of case law?


Did you cohabit and or visit in any of the states recognizing common law marriage?

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:
Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (before 1-1-5)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.

Were you both free to marry and present yourselves as married, intending to marry, file joint tax returns?

Here are some Frequently Asked Questions from http://www.brewelaw.com/meret.htm

What is a meretricious relationship?
In essence, a meretricious relationship is a living together relationship where the parties are not married. Washington state courts have defined a meretricious relationship as, “a stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist.” Connell v. Francisco, 127 Wn.2d 339, 898 P.2d 831, (1995).

How do you distinguish between a “roommate” relationship and a “meretricious” relationship?
The court has set out several factors to be considered in determining whether a meretricious relationship exists:

1. Continuous cohabitation;
2. Duration of the relationship;
3. Purpose of the relationship;
4. The pooling of resources and services for joint projects; and
5. Intent of the parties.
(These are the elements you will need to prove.)

Lindsey v. Lindsey, 101 Wn.2d 299 (1984) and in re Marriage of Pennington, 142 Wn.2d 592 (2000). However, the Lindsey court emphasized that the issue of meretricious relationship should be determined by the court based on the facts of each case, and that these criteria were not a rigid set of requirements to be strictly followed. (This is why you have another court date.)

What are some examples of meretricious relationships?
The factors for determining meretricious relationships have been applied in several cases which illustrate what type of relationship rises to the level of a meretricious relationship. In In re Sutton and Widner, 85 Wn.App. 487, 933 P.2d 1069 (1997), the court found a meretricious relationship to exist where the parties cohabited for five years, socialized as a couple, and worked together, but maintained separate property and banking accounts. During their relationship, they built a house together on property previously purchased by Mr. Widner. The court held that there was a meretricious relationship based on these facts, even though the couple maintained their separate identities and accounts. Id. at 90.

Additionally, in In re Hilt, 41 Wn.App. 434, 704 P.2d 672 (1985), a meretricious relationship was also found. The parties cohabited for 4 years, during which time they purchased a home, shared in the management of household affairs, and contributed to each other’s separate checking accounts. The court specifically noted that the parties, “made little effort to keep their income separate and apart,” and held that these facts substantiated the existence of a meretricious relationship.

A meretricious relationship can exist between two parties when one of the parties was legally married to another during the relationship. In Foster v. Thilges, 61 Wn.App. 880, 812 P.2d 523, (Wn.App. 1991), the couple lived together approximately 10 years. They bought their first property together on Camano Island while Thilges was still married to another woman. They evidenced their mutual trust by putting the property in Foster’s name because of Thilges’ marital status. Foster later formally conveyed half interest in the property to Thilges. In addition, they built a home together, jointly obtained a construction loan, and both contributed considerable physical labor to the project. They also had joint bank accounts and combined their earnings. Although it is not necessary for a couple to represent themselves as husband and wife to establish a pseudomarital relationship, in at least some of their social activities, Foster and Thilges were known as husband and wife.

Once it’s been determined there is a meretricious relationship, how does this affect property division?
In Lindsey, the court states that upon dissolution of a meretricious relationship, a court must, “examine the [meretricious] relationship and the property accumulations and make a just and equitable disposition of the property.” Lindsey, 101 Wn.2d at 304. The Lindsey court cited RCW 26.09.0802 as supporting this rule by analogy. This was later interpreted in Connell v. Francisco, 127 Wn.2d 339, 898 P.2d 831 (1995), to mean that while it is appropriate to look to RCW 26.09.080 for guidance in the division of property upon dissolution of a meretricious relationship, it does not directly apply. The court in Connell stated that, “[t]he critical focus is on property that would have been characterized as community property had the parties been married.” Id. at 352.

Additionally, Connell sets out a presumption that all property acquired during a meretricious relationship is subject to a rebuttable presumption of “community” ownership.

cont.

cont.....
PENNINGTON v. PENNINGTON

(An abridged version of the decision by the Washington State Court of Appeals, issued February 5, 1999. All text below is from the court's decision, except as indicated in brackets. Omissions from the complete text are also indicated in brackets.)

Background [abridged]

In 1983, Van Pevenage met Pennington while each was married to someone else. Van Pevenage divorced and moved into Pennington's residence in August 1985. In December 1988, they moved into a new home. The loan and home were in Pennington's name. Both shared expenses and pooled incomes. Pennington divorced his wife in 1990. In April 1991, when Pennington refused to marry Van Pevenage, she moved out of the Yelm residence for a few weeks. Shortly after Van Pevenage returned, Pennington suffered a stroke in June 1991. Van Pevenage took Pennington to the hospital and stayed with him during his stay. She also quit her job to care for Pennington after his discharge. Friends testified that Van Pevenage and Pennington cared for each other as a husband and wife would. In March 1993, Van Pevenage moved out again and did not return until 18 months later, in October 1994. In September 1994, Van Pevenage moved in with another man for one month. But she continued to see Pennington and to attend functions and travel with him. In October 1995, after spending another year at the Yelm residence, Van Pevenage moved out permanently.

In February 1996, Van Pevenage filed a complaint for dissolution of a meretricious relationship. In its findings of fact and conclusions of law, the trial court determined that the parties were in a meretricious relationship despite the periods of separation. The trial court also determined that community property was acquired during their relationship and awarded $214,200 to Van Pevenage as a just and equitable disposition of their property. Pennington appeals.

[edit]
Ruling.

In summary, there is not sufficient evidence that the parties intended their relationship to be "marriage-like." Pennington contested the existence of a meretricious relationship, remained married to another during much of his relationship with Van Pevenage and refused to marry Van Pevenage after his divorce. Thus, there was not substantial evidence in the record to support the trial court's findings of fact and conclusion of law that a meretricious relationship existed. Because we hold that the trial court erred in concluding that there was a meretricious relationship, we reverse and remand for a distribution of property consistent with this opinion.

CHESTERFIELD v. NASH

(An abridged version of the decision by the Washington State Court of Appeals, issued June 14, 1999. All text below is from the court's decision, except as indicated in brackets. Omissions from the complete text are also indicated in brackets.)

Background.

James Nash and Diana Chesterfield continuously cohabited in a house owned by Chesterfield from July 1989 until October 1993. Nash and Chesterfield knew that they were not married and did not hold themselves out as being married. During their cohabitation, Nash owned a dental practice and Chesterfield worked for Nordstrom. Each was mutually supportive of the other's career and pooled resources to pay their joint living expenses, including mortgage payments on Chesterfield's house. When the relationship ended, Nash moved out of Chesterfield's house. Although the couple temporarily reconciled, Nash did not cohabit with Chesterfield after this time.

In January 1996, Chesterfield filed a complaint against Nash in King County Superior Court, seeking compensation for her efforts during the couple's cohabitation. The trial court found that the parties had a meretricious relationship during which they accumulated "community" property, including goodwill in Nash's dental practice. The court divided that property on a 60/40 basis in favor of Nash, awarding Chesterfield $75,594 plus $302.50 in costs. Nash appeals.

Analysis.[edit]
Property Division.

Our Supreme Court has held that "[a]ll property considered to be owned by both parties is before the court and is subject to a just and equitable distribution" at the demise of a meretricious relationship (Connell cited). Although a meretricious relationship is not a marriage, the definitions of "separate" and "community" property in RCW 26.16.010-.030 nonetheless apply by analogy (Lindsey cited). Although each party's separate property is not divisible at the end of a meretricious relationship, there is a rebuttable presumption that all property acquired during the relationship is owned by both parties (Connell cited).

The party who claims that the property at issue is his or her separate property may overcome this presumption by "clear and convincing proof" that the property is properly characterized as separate property (Connell cited). "To effectively rebut the presumption that property acquired during marriage is community property, a party asserting that an item of property acquired during marriage is separate property must be able to trace 'with some degree of particularity' the separate source of the funds used for the acquisition." (case law cited) In Connell, our Supreme Court held that once a meretricious relationship is established, a presumption arises that the income and property acquired during the relationship are owned by both parties. Once this presumption arises, we see no reason to depart from the strict tracing requirements in a marriage dissolution where the claim is that property at issue is separate and not community. If property would have been community property if the couple had married, it is analogous to community property in this setting regardless of whether there has been pooling of funds for joint projects or foregone opportunities.

Ruling.

Following Connell, we must reject Nash's argument to the contrary. [remaining sections cover valuation of professional goodwill earned by the business]. Because the trial judge achieved a just and fair evaluation of the value of the increase in the professional goodwill in Nash's dental practice, we affirm her valuation of the goodwill. The trial court's order is affirmed in its entirety.

thank you for all the info....

It will take me a little to fully read through this and do my research.

You asked about the will, I was mentioned as a life partner, but it states:

"I hereby give, bequeath and devise unto my four children, in equeal shares per stirpes, all of my estate, whether real or personal and wheresoever situated.
I intentionally am leaving nothing to my longtime partner, Bob Doe, because he has sufficient resources of his own, to provide for himself, and for his daughter, Janet Doe.


I am more worried about it being sold to someone other than me, it sucks enough that I have to basically re-buy it, it was fully paid off. I am now 60 and retired with nothing except my property that might be taken from me. The will was written in March of 2002 , over two years prior to her death. She had been battleing cancer for 10 years. We had a problem, prior to her and I getting together I bought 20 acres not far from the property-in-dispute. After we were together, we had the opportunity to buy the property in dispute, so her son bought it with the intention of moving up and also to keep it for for the family. The son never did move up and put the property in in his moms name (my partner). Later down the years we discussed having my name on the property-in-dispute and she agreed only if I put her name on my 20 acres. I couldn't agree to that so that is why it was only in her name, but paid for by us, mostly me.
To make things worse legally, the other party is trying to get their hands on my 20 acres, stating that if the property-in-dispute is community property so is that. What do you think of that?

She had kept her will a secret. And now I know as to why. What can I do?

When looking for an attorney, what type of law should I search through? real estate, wills, or family law, cause it is a little of of it.

If the 20 ac in your name was prior to your association, it may or not be considered community property as opposed to the property in question even though Washington is a community property state, even though she is deceased we might look to the situation the same as if there was a divorce. If she had been battleing cancer for 10 years prior to ther death and writing of the secret will, she may not have been copetent and there may have been undue influence thus it may not be a valid will, is there probate? http://www.wsba.org/media/publications/pamphlets/wills.htm You would have been her caretaker which will have some value and also your contribution both monitarily and other re improvements to the property might give you more than 50%. How much of the value of the property was contributed by the son and when did he transfer the property to his mother's name? Interesting that they want all the community property and your separate property.

http://www.wsba.org/media/publications/pamphlets/dissolution.htm
Division of Property

There is no fixed method for determining how property should be divided. In Washington, all assets — real and personal, tangible and intangible — are available for distribution. As a community-property state, Washington laws provide for "just and equitable" division of property acquired during a marriage; it does not necessarily require an equal division. Under some circumstances, the court may also apportion separate (or individual) property.

If the husband and wife negotiate an agreement, the court will probably approve it. If no settlement is reached, the court will decide how to divide the property. Property settlement agreements are binding and generally cannot be modified.

Property division is generally made without regard to marital misconduct; instead, a court considers:

* nature and extent of community property;
* nature and extent of separate property;
* how long the parties were married;
* financial position of each party: whether each spouse is employed and self-supporting; entitlements to social security and profit-sharing plans;
* who is going to pay the bills; and
* special circumstances.

A special provision of Washington law requires the court to consider whether a parent should be allowed to continue living in the family home so the children do not have to be moved.

Division of Bills and Debts

All liabilities must also be divided when dissolving a marriage. Consideration is given to the type of debt and the circumstances under which it arose. Factors influencing the property division are also applied when dividing obligations.

Most credit and charge account agreements provide for joint liability for any charges added to joint accounts. Therefore, creditors should be instructed (in writing) to remove your name from or, alternatively, close all joint accounts. If you wish to maintain credit with certain creditors, separate accounts should be opened.

You may need a probate atty as well as an attorney familar with this doctrine, that is why I said to look at those cases and contact the attorney's who won, if not to represent you, to refer you. Keep us updated.

Small Update

I have not found an attorney as of yet. Have a consultation for Monday with one specific in probate, wills, and partnership. Crossing my fingers.

I spoke with the other parties attorney let her know that I sent a letter proposing to offer $130,000 to end this and leave my 20 acres alone. She stated that it would probably be rejected because she wanted to go for the 20 acres too. She said she was going to get an injuction to get my 20 acres appraised and include it as community property. This is so upsetting!

Update and more questions...HELP

Not too much has been going on since I last posted. I sent an offer to the court and parties for a little more than half of the currently assessed value. My offer was not accepted and I was subpoenaed to allow an appraiser to have access onto my separate 20 acres to get an appraisal. Since I may be entitled to half of their mothers property, than they feel they are entitled to half of mine. My court date is at the end of November and I am not in any position to carry on, as I do not have an attorney at this point. I need to get one prior to the trial and they motion for a continuance. Or I am wondering if I may motion (pro se)for a continuance on the basis I am looking for an attorney. I am wondering if I motion pro se, if the continuance would be declined, but it is more likely that an attorney representing me would get it continued no problem. But I don not have much money and from what I have been quoted, the retainers are a lot. What would be best?

Since I am currently pro se, communicating with the defendants attorney, I had asked for documents that I need from her, eg: appraisals of property, bank records and credit history of my deceased wife. She said that I would need to subpoena the bank and the credit agencies. I understood that I would have all access to information the attorney would through “Discovery”? Please let me know the rules on this. If this is the case I would like to know what my subpoena title would be getting these records. I send it directly to the agency who has the info, but do I send certified copies to whom?

I think I would like to see a template of a subpoena for Washington state if you could help me with that or direct me to where I could get it. When I received my subpoena for the appraiser to access my property, it was not signed by a judge at all, just the attorneys name. I had talked to some attorneys and said this can be done. Am I able to do that as well?

Next question that has baffled me. Please read the history to understand. The big question is if we were legally married, and or acted as such. We had a 20 year committed relationship, but we had a small ceremony and was married by a justice of the peace, but as I stated before, I let my wife handle everything. So it never got filed. We just have the certificate or paper, but it was never legally filed. I especially don’t understand why my wife would even go through the steps to of getting married and not filing the paper.
According to all of my research, it seems as though she has used me and calculated this situation from the beginning. We were only married in hers eyes if it benefited her, and only roommates when it didn’t. What do I do??????? I am going crazy with this. I do not want to lose everything I worked for in my life. I had a plan for the sake of my children and grandchildren and now I will have nothing for them.

Any and all advice is appreciated.

Get an attorney, sooner rather than waiting to get a continuance. You are raising some complex issues far too complex for here. You appear to have two different valid claims of marriage or marriage like situations and possible some fraud.

It is complex.......

Fraud is the key word here, that is exacty what it seems to have happen. So than am I am I able to file a seperate claim for fraud if I get all the required documents? Could you direct me to where I would file that? I know I need an attorney, but like I stated before I am a retired 60 year old with little money. If I pay a attorney,(they want $3000. retainer)than I won't have what I need to pay the defendants their half or whatever if decided. So if I do get an attorney, could I request for attornies fee from the other parties.

Prior to this getting so ugly, I had offered them 1/2 already. It is nothing but GREED and it makes me sick.

I know I need an attorny, but ...

please answer some of my questions in the last 2 posts, Please?

Another question, what is the statue of limitations on contesting a will. Can you direct me to good websites that can let me know the requirements to contest a will.

Thank you!

Trial is the 30th, help me understand this letter.....

On Monday I was ready to file a motion to continue the trial, when I found this paperwork. I need some clarification on this letter I received from the court.

I am not sure if it means I cannot file a continuance after the 2 weeks prior to the trial date, and or to keep the trial scheduled I need to turn in the form, I didn’t turn in the Certificate of Trial Confirmation, so than it may be stricken from the calendar.
My next question is… Can I still motion to continue? I need more time. I will lose everything with no attorney. I am looking for one who will take this case, not many will. Here is the letter:

*****This is to notify you that the above case has been set for Non-jury trial on November 30, 2005 at 9:00am, in the Superior Court.

IMPORTANT NOTICE: Your attention is directed to SCLR 40(d) and CR 41(e) which read as follows:

SCLR 40(d) TRIALS – CONFIRMATION
It shall be the duty of each attorney of record or party pro se in a case set for trial to jointly or separately confirm, no sooner than 12 noon of the first court day of the week [11/14/2005] and no later than 12 noon of the last court day of the week [11/18/2005] two weeks prior to the trial date, in such written form as approved by the court. The court may strike the trial date and may impose sanctions and/or terms against the parties or counsel for failure to so confirm.
CR 41(E)
Notice of Settlements. If a case is settled after it has been assigned for trial it shall be the duty of the attorneys or of any party appearing pro se to notify the court promptly of the settlement. If the settlement is made within 5 days before the trial date, the notice shall be made by telephone or in person. All notice of settlement shall be confirmed in writing to the clerk.

UTILIZE TH NEXT PAGE OF THIS LETTER OR A COPY THEREOF AS THE FORM FOR CERTICATE OF TRIAL CONFIRMATION.

The attached form is an actual court document that is filled out, the title is….

CERTIFICATE OF TRIAL CONFIRMATION
At the bottom is states……
WARNING: This certificate MUST be actually received by the Office of the Court Administrator two weeks preceding the week in which the case is set for trial but no later than 12:00 noon on the last court day of the week (11/18/2005) two weeks prior to the trial date. If no certificate is timely received for a case set for trial, it may be stricken from the trial calendar without further notice to the parties. Delays in the mail, messenger service, etc. or waiver by other party(s) WILL NOT EXCUSE UNTIMELY COMPLIANCE. File with the Superior Court Administrator – Not the Clerk of the Court

It seems pretty clear by the wording that you needed to confirm last week, now it may be taken off calender, you could be sanctioned etc. Did they confirm? Have you made any attempt to settle? You have had several months to obtain counsel, you also have a good case so you should have been able to find counsel. Go directly to the courthouse on Monday morning and submit your confirmation or request for a continuance, the word, MAY is used so it cannot be determined what the court will chose, they could have the trial without you and find for the other party. It could also be a long time before it is heard.