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Not Fair AT ALL!

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medclerk48

Junior Member
What is the name of your state?What is the name of your state? California

I have a dear friend who is totally devistated over the death of her boyfriend of 14 1/2 years. They lived together for the last 14 years.
For 8 of the last 10 years, "Jim" has managed a trailor park and "Sue" helped him, cleaning and maintenence, when she could.
For the last 2 years, "Jim" was the owner, and owned the trailor in which the office was located. Before that, the office was also located at that same trailor.
February 1st, he had a massive heart attack and died. "Sue" was totally dependent on him, as he was very controlling, and handled everything, down to her clothes that she bought for herself, down to the medications she was taking. (What and when)
She didn't even know how to clothes shop for herself!
Anyway, I digress, he didn't have a will.
After all the legal mumbo jumbo was unravelled, the trailor park, and his "estate" went to his daughter "Mary". "Sue" was left with around $2,000, and it was mentioned to her, by the daughter, that she had a little more coming, but "Mary" won't tell her any more about it.
Anyway, "Mary" took over her dad's trailor (which is legal, I know), and let "Sue" rent another one.
When "Mary" was moving "Sue" out, she was "kind" enough to allow "Sue" to take barely enough to get by on. When "Sue" tried to speak up and tell her that she had bought this or that, or that "Jim" had bought this or that for her, "Mary" would either agree, or if she wanted it, would say, "No, you can't have this or that". (brand new towels, pots and pans, dishes, a tv, vaccuum etc...) And of course, since "Jim", being the controlling person that he was, kept all the receipts, she has none. And they all mysteriously came up missing!
She is even charging her the whole electricity bill for the last month "Sue" was still in "Jim's" trailor, even tho the office was still being run from that very same trailor!!! And rent, too.
"Mary" hasn't even been in this state, and had, in the last several months, been in England with her husband and children.
She does, however, have a witness that was there when "Mary" stated that all she wanted was what her dad had owned before "Sue" and "Jim" got together.
Granted, "Sue" is getting a discounted rent, however, this is getting rediculous. "Sue" has to use paper plates, and was given, 2 forks, 2 spoons, well you get the idea.
Is there anything that can be done?????
 


BelizeBreeze

Senior Member
Sue is lucky to have anything. After 8 years without a marriage "SUE" shouldn't expect nor legally realize anything. If that's not fair, that's life. Tell sue next time to get married.
 

Wolflmg

Member
BelizeBreeze said:
Sue is lucky to have anything. After 8 years without a marriage "SUE" shouldn't expect nor legally realize anything. If that's not fair, that's life. Tell sue next time to get married.

And make sure the next guy isn't controlling.
 
A

absconder

Guest
If they lived together for so long and acted married have sue talk to a lawyer.This is california............get the idea? Try legal aid if shes broke.
 

Gracie3787

Senior Member
I agree that the best thing for Sue to do is to talk to an attorney ASAP.
I don't know what the laws are in California about "common law marriage", maybe someone can answer that- IAAL?

I live in Florida and when my fiance was killed in an accident 2 weeks before our scheduled wedding it was crazy. I was allowed to identify him (at the accident scene) , I was allowed to tell the medical examiner which funeral home to release his body to, but I wasn't allowed to have a copy of his death certificate with the cause of death listed on it. (which I needed in order to get the insurance).
Like Sue, I had to deal with the legal next of kin, my fiance's grown children. At first everything was okay, I had put all of thier Dad's things in one room and told them all to take what they wanted. When they started going through the rest of the apartment, opening drawers, asking questions, I started getting upset. The final straw came when they looked at a bookshelf and asked me which paperback books were their Dad's. I took his oldest son aside (the executor) talked to him, and with his blessing I explained to evryone that this is not what their Dad would have wanted, and to please leave. It was one of the hardest things I've ever had to do and I was scared to death, but knowing what my fiance wanted gave me the strength to stand up to them.

It might help for you to tell Sue to keep in mind what her BF would have wanted for her, and maybe it will give her the strength and courage she needs.
Gracie :)
 

I AM ALWAYS LIABLE

Senior Member
Gracie3787 said:
I agree that the best thing for Sue to do is to talk to an attorney ASAP.
I don't know what the laws are in California about "common law marriage", maybe someone can answer that- IAAL?

I live in Florida and when my fiance was killed in an accident 2 weeks before our scheduled wedding it was crazy. I was allowed to identify him (at the accident scene) , I was allowed to tell the medical examiner which funeral home to release his body to, but I wasn't allowed to have a copy of his death certificate with the cause of death listed on it. (which I needed in order to get the insurance).
Like Sue, I had to deal with the legal next of kin, my fiance's grown children. At first everything was okay, I had put all of thier Dad's things in one room and told them all to take what they wanted. When they started going through the rest of the apartment, opening drawers, asking questions, I started getting upset. The final straw came when they looked at a bookshelf and asked me which paperback books were their Dad's. I took his oldest son aside (the executor) talked to him, and with his blessing I explained to evryone that this is not what their Dad would have wanted, and to please leave. It was one of the hardest things I've ever had to do and I was scared to death, but knowing what my fiance wanted gave me the strength to stand up to them.

It might help for you to tell Sue to keep in mind what her BF would have wanted for her, and maybe it will give her the strength and courage she needs.
Gracie :)


My response:

Belize had it right. Sue is lucky to have received anything. Unless these people were Common Law married in another State, then there's nothing for California to recognize; i.e., you cannot create a Common Law marriage in California - - but, California will recognize a Common Law marriage created in ANOTHER State that has Common Law marriage. Family Code property and support rights and remedies are predicated on the existence of a valid marriage or, if an invalid marriage, "putative spouse" status. Moreover, simply living together as husband and wife cannot give rise to a "marriage" under California law; the concept of "common law marriage" has long been abolished in California. [Maglica v. Maglica (1998) 66 Cal.App.4th 442, 448, 78 Cal.Rptr.2d 101, 103]

Mary can, if she chooses, tell Sue to go pound sand.

IAAL
 
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nextwife

Senior Member
What does it take to get through to women that they need to look out for their own futures and plan appropriately! It infuriates me that any woman buries their head in the sand and fails to take ownership of their OWN futures. The information is out there everywhere that allows us to make informed financial decisions about our lives.

Being unmarried, she has no right to any SS benefits under his name, additionally,if she was not working and paying benefits under her OWN SS#, she also was not accumulating benfits under her own name. Nor was she accruing any pension or retirement of her own. At MINIMUM, she could have bought life insurance policies against him to make sure she was provided for - I mean, statistically, he'd be far more likely to go before her.

WHY do women put themselves in this position? If one wants the LEGAL protections of marriage, they should insist on MARRIAGE. Being unmarried is fine - you don't have the legal debt & medical expense liabilities that a spouse would. But that ALSO means you don't have the legal protections of being a spouse, either.
 
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cyana24

Member
It continously amazes me how a couple will live together for 10 or more years without the financial protection of common law status or marriage. Then one of them dies intestate, leaving the other with close to nothing. How sad.

IAAL - might this a "Marvin" palimony-type case since the woman was entirely financially dependent on dead boyfriend?
 

I AM ALWAYS LIABLE

Senior Member
cyana24 said:
It continously amazes me how a couple will live together for 10 or more years without the financial protection of common law status or marriage. Then one of them dies intestate, leaving the other with close to nothing. How sad.

IAAL - might this a "Marvin" palimony-type case since the woman was entirely financially dependent on dead boyfriend?


My response:

Very perceptive question regarding "Marvin". However, the answer would be no. Since the boyfriend is dead, he wouldn't be able to testify to prove or disprove a "contract". The fact of the length of their relationship, alone, is not enough proof of a "Marvin" contract. [Estate of Fincher (1981) 119 Cal.App.3d 343, 348-350, 174 Cal.Rptr. 18, 21-22--jurisdiction to determine existence of "Marvin" (nonmarital cohabitation) agreement where claimant properly before court seeking determination of community property interest in decedent's estate] Indeed, the indication (if any) is to the contrary (e.g., People v. Delph (1979) 94 Cal.App.3d 411, 416, 156 Cal.Rptr. 422, 425--"[Marvin] in no way signals a general elevation of meretricious relationships themselves to the level of marriages for any and all purposes")]

Hey, but you're thinking, and that was a smart question!

IAAL
 
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A

absconder

Guest
www.palimony.com

--------------------------------------------------------------------------------
..........This page contains links to resources which relate to the topic of Unmarried Couples and the Law. These links are divided into categories for ease of reference. However, there is some overlap between categories, and sites listed under one category may contain information pertinent to one or more other categories. We are not responsible for the content of these links. Please see disclaimer.



Categories

Living Together / Cohabitation

Domestic Partnership -- Employee Benefits

Domestic Partnership -- Registration Ordinances

Estate Planning for Unmarried Couples

Finding and Working with Lawyers

Law Finding Tools

Gay and Lesbian Resources

Books on Related Topics






Living Together / Cohabitation
 

You Are Guilty

Senior Member
absconder said:
www.palimony.com

--------------------------------------------------------------------------------
..........This page contains links to resources which relate to the topic of Unmarried Couples and the Law. These links are divided into categories for ease of reference. However, there is some overlap between categories, and sites listed under one category may contain information pertinent to one or more other categories. We are not responsible for the content of these links. Please see disclaimer.



Categories

Living Together / Cohabitation

Domestic Partnership -- Employee Benefits

Domestic Partnership -- Registration Ordinances

Estate Planning for Unmarried Couples

Finding and Working with Lawyers

Law Finding Tools

Gay and Lesbian Resources

Books on Related Topics






Living Together / Cohabitation

Which part of "you can't get palimony from a corpse" isn't clear? :confused:
 

BelizeBreeze

Senior Member
You Are Guilty said:
Which part of "you can't get palimony from a corpse" isn't clear? :confused:
THAT'S why I was failed in my first-responder course when trying to get my first German driver's license.

When asked "What is the first thing you do when coming upon an injured party at an auto accident" my answer was "CHECK FOR VALUABLES!" :D
 

I AM ALWAYS LIABLE

Senior Member
absconder said:
How about the estate?..........Just trying to help.


My response:

Did you fail "Reading and Comprehension" in school?

I already answered that EXACT question, numb nuts.

IAAL
 
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