Commonlaw Marriage, who's liable for bills?

[kbd3]

What is the name of your state? South Carolina

My brother in law is unfortunatley about to die. He has lived for several years as husband and wife with a woman and I believe qualifies as a commonlaw marriage. He has made it clear that he wishes for his "wife" to have all of his belongings but he has no will.

The "wife" has stated that she is not going to sell any of his belongings to pay for a funeral, hospital bills or any other bills.

Now the family has approched me wanting me to help pay for the funeral (I just met the guy in the hospital).

My concern is that the "wife" wants to take advantage of being his "wife" but not be responsible for any of the bills and that hospitals and creditors will come to my wife to settle up for charges that she has and is still making.

Since no will is in effect and that they have never applied for marriage status, will his estate be responsible for his bills and does the "wife" not have any rights to his assets?

To be honest, I don't mind helping out for the guy's funeral, but I don't want to get stuck paying for his credit cards that she is still using.

Thanks in advance for any help or information.

 

[Dandy Don]

Since it is most unlikely that a South Carolina attorney would be reading this message board, you need to inquire with a local attorney about whether this partner has commonlaw status and what if anything she would be able to get.

You didn't mention whether this man has other assets that would form an estate of some kind or whether he could even afford to pay for his own funeral expense. I'm assuming the family came to you for help because they realize he is not in a position to be able to afford to pay for his own funeral.

What is the reason for the common-law partner saying she is not willing to sell any of this man's belongings to help pay for his funeral expenses--is she going to sell it to keep the money for herself or does she seem to not be too interested in getting anything from the man's estate if she is prepared to move on to someone else? It does seem a little bit selfish and cold.

Is this man married to your sister and having an affair with the common-law partner?

You don't need to be concerned about being stuck for paying for any of her credit card debts. The estate is responsible for all of his debts, but if you want to help out with the funeral expense, you can certainly do so--try to be in on the planning and get this man to help pre-plan his funeral with the funeral home while he is still alive and that way you can, along with this man, have some input as to the price of the services and attempt to keep the costs down somewhat. Your only obligation is to write a check to the funeral home after they send you the bill. But, if this man has other assets to where his estate could afford to pay his bill, then you would be smart to let that happen.

 

[kbd3]

It is my wife's brother and his girlfriend.

She wants to keep all of his assets (house, car, tools etc.) and not be responsible for the funeral or his bills.

I don't believe he is too concerned with his funeral and is leaving all the planning up to his sisters and could really care less about the costs that they will incur. He just wants to make sure that his girlfriend gets everything. That doesn't appear likey since his medical and life bills will far outweigh his assets and he has no will.

I appreciate your reply and I will just do the right thing by my wife's family. I really don't mind helping out but just didn't want a job pulled on me should his creditors look to his family.

 

[Dandy Don]

Try to find out if he has a life insurance policy that will pay her after he dies. It looks as if this man might not have many other assets and it is possible that the estate may not be able to afford to pay the funeral bill, but if I were you I would put off paying the funeral bill until you determine after his death whether or not the estate will be able to afford to pay it, since that is an expense that the estate is supposed to pay.

 

[JETX]

"He has lived for several years as husband and wife with a woman and I believe qualifies as a commonlaw marriage. He has made it clear that he wishes for his "wife" to have all of his belongings but he has no will."
*** Here is the first problem. If he dies without a will (intestate) the state law will determine distribution of any estate.
Further, South Carolina law requires that all decedents debts be paid by the estate FIRST, then distributed to any heirs. The intestate distribution for SC can be found at:
http://www.lpitr.state.sc.us/code/t62c002.htm

"The "wife" has stated that she is not going to sell any of his belongings to pay for a funeral, hospital bills or any other bills."
*** She won't have to... the estate is supposed to pay them BEFORE distribution to heirs.

"Now the family has approched me wanting me to help pay for the funeral (I just met the guy in the hospital)."
*** Okay.

"My concern is that the "wife" wants to take advantage of being his "wife" but not be responsible for any of the bills and that hospitals and creditors will come to my wife to settle up for charges that she has and is still making.'
*** Unless your wifes name is on the debts, she would not be liable for any of the decedents debts. Naturally, she would be responsible for any funeral expenses that she agrees to.

"Since no will is in effect and that they have never applied for marriage status, will his estate be responsible for his bills and does the "wife" not have any rights to his assets?"
*** See above.

"To be honest, I don't mind helping out for the guy's funeral, but I don't want to get stuck paying for his credit cards that she is still using."
*** See above.

"Thanks in advance for any help or information."
*** You're welcome.

 

[kbd3]

BIG help....

Thanks once again!