My cousin and her dad was written out out of step moms will, any advice?

[Mark Henry]

My cousin's dad has been living with her mom's BF since she died in the early 80's, definitely a couple but never married. They lived in her house, but her dad brought in the cash assets from his house, investments, his pension, his wife's teachers pension, etc.
He was a timid guy obviously naive, who could be pushed around and let his common law wife handle all finances.

She died recently and had secretly updated her will, stripped her spouse of ALL assets, cut her dad (and her) out of the will completely, gave a pittance to my cousins two brothers, and the remainder to her 5 children.

My cousin's dad is basically destitute at 91.
Sounds like he may not have a will or POA which I told them to fix ASAP and to get a lawyer.


Any advice from the collective?

[Crowbob]

You lost me at:

My cousin's dad has been living with her mom's BF since she died in the early 80's...

[sammyg2]

At the risk of sticking my nose where it does not belong, I say it's none of your bees wax.

A will is supposed to be the wishes of the deceased. It was HER money, and she is telling everyone what she wants to be done with her money.
Unless there is some (real) evidence of mental illness or fraud, then the will should be executed exactly as dictated.
Getting all lawyered up can be construed as a character flaw IMO. I understand that there are times when it is necessary to defend yourself from other lawyers, but beyond that ......

[David]

If there's a 401K or other type of retirement fund, he may have some recourse for that money.

[Gogar]

Originally Posted by Crowbob

You lost me at:

My cousin's dad has been living with her mom's BF since she died in the early 80's...

Let me try.

“My aunt passed away in the 80s. Sometime after, my uncle started a relationship with her best friend, and they moved in together, but never technically got married.”

“He contributed all his assets to the arrangement, and she agreed to handle finances. And then, inbeknownst to him, she moved money around and hid it and changed some documents to tilt ownership in her direction.”

“Upon her death, the assets that he thought were his/theirs had secretly been moved around by her. She willed it all to her family.”

[stomachmonkey]

Originally Posted by Crowbob

You lost me at:

My cousin's dad has been living with her mom's BF since she died in the early 80's...

Yeah I'm not following either. BF, boy friend, best friend ?????

It does not get clearer as it goes on.

[drkshdw]

Originally Posted by sammyg2

It was HER money, and she is telling everyone what she wants to be done with her money.

If I'm reading this right, it wasn't HER money but his and she left his money (that she acquired through the relationship that wasn't made legal by the state) to her own heirs.

My question is, what did she bring to the relationship besides the house? If she never worked or contributed financially to the relationship then I'd think you may have a case. If she did then maybe not.

Also, depending on the state, see about common law marriage. If they assumed the roles of husband and wife but without making it legal, his case would be even stronger.

[Tobra]

At the least consult an attorney. Suspect there is little can be done.

[ossiblue]

I agree with Sammy's response in general, but it appears there may have been some fraud or violation of common law rights if Gogar's post is accurate on the nature of the relationship. An initial contact with a lawyer familiar with the laws in the state or province regarding common law relationships is, IMO, necessary. There are community property provisions as well that cannot be ignored by one party, meaning, much of what the woman "willed" to her family may not have been hers to bequeath.

Only a lawyer can sort this out and I would recommend a consultation, at the very least.

[speeder]

Yep, wills are pretty iron-clad unless it can be proven that they are fraudulent, etc.

[john70t]

Originally Posted by Mark Henry

My cousin's dad has been living with her mom's BF since she died in the early 80's, definitely a couple but never married.

My understanding is that common law marriage occurs after one year: Canada - Common Law Relationships
A CA court will probably consider that a "marriage" with her having rights of survivor.

Originally Posted by Mark Henry

They lived in her house, but her dad brought in the cash assets from his house, investments, his pension, his wife's teachers pension, etc.
He was a timid guy obviously naive, who could be pushed around and let his common law wife handle all finances.

Everything was in cash. She handled the money.
No evidence to trace back at all except multiple person's bank records which probably don't exist anymore.

Unless he had a separate trust and separate bank account set up for your side of the family,
And she illegally moved his money during a period of time when he was officially determined "incapacitated" (she shouldn't have been able to do this by law I think)
Then the money and the right to decide where it goes was probably hers.


I hate to be a downer and hope I'm wrong. She sounded like a peach of a woman.
Sounds like it's worth investigating at least.

[legion]

Based on my reading, despite the confusing wording, I think Gogar and ossiblue have probably nailed it. Common law wife collected up all of the assets of the common law marriage, and willed them to her children only, leaving the common law husband and his daughter penniless.

I'm not that this is the case here, but if common law wife was sick and she apparently had five children of her own, one of her children may have been the one to get the will changed, either without the knowledge of the common law wife or deceived her into changing it.

Either way, this seems like exactly the kind of situation for a court to sort out.

[LakeCleElum]

Complicated. Consult an attorey. Rules vary from state to state regarding common law relationships, co-mingling funds, separate property, etc....

[scottmandue]

Originally Posted by john70t

My understanding is that common law marriage occurs after one year: Canada - Common Law Relationships
A CA court will probably consider that a "marriage" with her having rights of survivor.

Not sure how common law works in Canada but it doesn't work in Calif. or Oregon.
My brother lived with his girlfriend +10 years in Calif and then they moved to OR. and lived together for another 5 years, he died and she got nothing, everything defaulted to my parents.

Fortunately my parents sold my brothers house and setup a trust fund for the GF, paid off their credit debt and set GF up with monthly payments.

[stomachmonkey]

Originally Posted by scottmandue

Not sure how common law works in Canada but it doesn't work in Calif. or Oregon.
My brother lived with his girlfriend +10 years in Calif and then they moved to OR. and lived together for another 5 years, he died and she got nothing, everything defaulted to my parents.

Fortunately my parents sold my brothers house and setup a trust fund for the GF, paid off their credit debt and set GF up with monthly payments.

Doesn't work in NY either.

Was a bit of a shock to my fathers GF of 15 years when sitting in the attorneys office going over his will.

Still, the right thing was done by her and her daughter as I considered, and still do, them family.

[matthewb0051]

Preface: not intended as legal advice and I'm not licensed in Canada.

Assuming this occurred in Canada, you need to get an attorney that is an expert in this stuff in Canada. There are too many variables to consider and possible remedies as well.

Depending on the law there, you may have common law spouse, commingling of assets (assuming there is a community property and separate property law provision there), if common law then you possibly have a right to a spousal elective share for spouses that are written out of a will.
The 1st spouse's pension may have a right of survivorship same for the dad's pension (which given the facts likely is not impacted by this woman's death). That may not allow for mingling it with the paramour's assets. Either way, those typically pass outside of a will and her actions may have no bearing.

Short answer is go see an attorney. Cousin not you. This is not something that will not be easy nor agreed to by beneficiaries without court intervention.

[911 Rod]

My understanding is in Canada the spouse is entitled to all of the estate.

[Mark Henry]

Yes, I told her help her dad lawyer up.
From what I'm seeing common law here is marriage, unless an iron clad prenup, it's half his, she can't will his half of the house away. Joint assets are just that...joint. Even a iron clad prenup is questionable after almost 40 years together. He wasn't a renter, one bed up until the last few years.

I really suspect she never thought he'd out live her. I told her to get him the best lawyer they can.

[vash]

Originally Posted by Gogar

Let me try.

“My aunt passed away in the 80s. Sometime after, my uncle started a relationship with her best friend, and they moved in together, but never technically got married.”

“He contributed all his assets to the arrangement, and she agreed to handle finances. And then, inbeknownst to him, she moved money around and hid it and changed some documents to tilt ownership in her direction.”

“Upon her death, the assets that he thought were his/theirs had secretly been moved around by her. She willed it all to her family.”

i get the decoder ring next!! nicely done.

i would stay out of it.

[Mark Henry]

Oh I'm staying far away, my cousin is freaking over her dad. Her and her siblings inheritance isn't the concern, she's want's to protect her dad.
I very hastily wrote that as I had to go out, gogar has it.