No will, Help, His mom wants it all!!

[holenic]

What is the name of your state? Colorado

The father of my two sons comitted suicide last week and did not leave a will. We were "common law" married and had been seperated 1 1/2 years and just started the legal process for child support with the courts. We still have debt in both of our names (house, car, and second on the house). He was living in an apartment and I live in the house and have the car.

I have no personal interest in his belongings except for his two sons (9 and 4 years old). His mother feels that it is her place to distribute his belongings. They were never close and she is the root of his unhappy childhood, he considered myslef (as a friend) and his children the only family he had. I have a limited income which is now even less and don't know where to get help. He had an x-girlfriend that also feels she is entitled to things (that she did not give him) because she was his girlfriend. Some of these items are things that our son has shown an interest in wanting, how do I stop them from taking everything.

I am tired and don't want the fight but don't know how they can do this to his children, from what I have researched they should get everything.

Any advise is helpful.

 

[BelizeBreeze]

Where are these "Things" located?

 

[recycbride]

His mom wants all

from Ohio--Since he had no will, first in line for all his assets and belongings from his estate would be his children, not his mother. I'm not an attorney but this is normally the law for all states when there is no will. I suggest you make the courts aware that the deceased had 2 children or, have an attorney do this for you. Maybe have the attorney write a letter to whoever is handling the estate.

 

[BelizeBreeze]

from Ohio--Since he had no will, first in line for all his assets and belongings from his estate would be his children, not his mother. I'm not an attorney but this is normally the law for all states when there is no will. I suggest you make the courts aware that the deceased had 2 children or, have an attorney do this for you. Maybe have the attorney write a letter to whoever is handling the estate.

And HOW do you propose she 'make the courts aware' since she has no standing and from the post, there is no pending probate?

 

[holenic]

the belongings are still located in his apartment.

 

[rmet4nzkx]

http://www.ago.state.co.us/FAQPAGE/commlaw.stm
COMMON-LAW MARRIAGE
A common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage. It can be terminated only by death or divorce. The common-law elements of a valid marriage are that the couple (1) is free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) holds themselves out as husband and wife; (3) consents to the marriage; (4) cohabits; and (5) has the reputation in the community as being married. The single most important element under common law was the mutual consent of the couple presently to be husband and wife. All the rest was considered evidence of this consent or exchange of promises. The only time requirement necessary was time enough reasonably to establish these circumstances.
____________________
There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. This was the process you were entering in your separation, so you would still be entitled to the rights and benefits as his surviving spouse, however you will still have to proceed through probate. The girlfriend while she may have some claim items in her control, she cannot also claim to have a commonlaw marriage because you divorce was not complete and thus he was not able to enter into a common law marriage with her. So, get down to the probate court. Then remember, you and his children are eligible for social security survivor benefits etc.

As practical matter, you may have difficultity accessing his personal belongings not in your control. Has his mother filed to be exector of the estate?

Because of all the competing claims you may need a probate attorney.

 

[Dandy Don]

How do other people have access to your home?

Does this man have any assets that need to be probated or is there virtually no estate?

You could file to be administrator, thus giving you legal authority to distribute any and all assets, but it is probably too late for that now. If it is true that you don't really care about his personal belongings, then what does it matter to you how they are distributed? Why can't you give your son what he wants and let mom handle the rest?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[rmet4nzkx]

How do other people have access to your home?

Does this man have any assets that need to be probated or is there virtually no estate?

You could file to be administrator, thus giving you legal authority to distribute any and all assets, but it is probably too late for that now. If it is true that you don't really care about his personal belongings, then what does it matter to you how they are distributed? Why can't you give your son what he wants and let mom handle the rest?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

Don,
He just died last week, they have joint holdings including home, car and debts, he lived in a separate apartment where the items in question are located, She can possibly file to be administrator couldn't she? Apparently his mom is taking it upon herself to do it ignoring the common law marriage which is still intact.