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TD87 · Oct 23, 2008, 09:49 AM

My dad has terminal cancer. Recently, they (him and his girlfriend) had a disscussion about his will. My sister is his power of attorney (has also looked after his finances for the last 13 years.) She(the girlfriend) is getting the home they share (paid in full) and is also getting his car (in both their names). They've been together for the last 10 years, never married, and have separate bank accounts. She had the [U]nerve[U] to ask him if that's all she was getting! She told him she was getting a lawyer to see what her rights are and about common law marriage. We thought that his business was all in order, and this is the lastthing he needs to be dealing with. My sister and I feel that now we need to hire a lawyer, to protect his rights. Any suggestions or feedback? Thanks.

twinkiedooter · Oct 23, 2008, 10:06 AM

If she does get an attorney she just might get more. If you want to play it safe, get yourself an attorney to look into this to protect his rights. Isn't she getting enough so suit her? Also, if he has any insurance policies, be sure to check out who is the beneficiary currently on the policies before dad checks out.

TD87 · Oct 23, 2008, 10:47 AM

Thanks for the response. What I guess she doesn't understand is that after his passing, all his bills need to be paid off, as well as any taxes, so there's usually not much left.( I went through this after my husband's passing). I know he has trust funds set up for his 4 grandchildren. He is by no means a wealthy man. We live in VA and I didn't think they had common laws for unmarried couples. Will definitely be seeking a lawyer!

excon · Oct 24, 2008, 07:19 AM

Hello TD:

MOST states these days DON'T recognize common law marriage.. So, although I rarely disagree with my friend twinky, I don't think she's entitled to ANYTHING, should you guys attempt to fight her.

excon

TD87 · Oct 25, 2008, 06:27 AM

That's what we thought. We knew about the home and car. Anything else is up to my dad. I personally think after all other bills are paid (like credit cards, hospital ills,etc.) there's not going to be much left. After my husband died, I had over $10,000 of debt to pay off! There wasn't enough insurance to cover everything. I still think we're going to go talk to a lawyer, just to ease our minds. Thanks.