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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My cousin passed away in March 2015, he had no contact years

Customer Question

My cousin passed away in March 2015, he had no contact for 3 years with a former girlfriend. He also had an attorney that was of no help to us, he had a draft of a will but none signed & notarized and we couldn't find one anywhere. Now I find out the former girlfriend received $69k of his pension & now she is coming after me stating she wants his house & car. My father & I are the only blood relatives left. And I am executor of his estate sworn in by the county. Can I go after her for that pension money?? I recently found out she contact his ex-wife several years ago asking about a pension & life insurance. And where was she for the past 7 months??
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

She would have no right to the car or house. She would not be able to claim common law marriage unless they were together pre 2005 and were in a common law marriage. With regard to the pension, unfortunately, if her name was on it a a beneficiary then she would have a right to it. If however, you believe there was undue influence, coercion or fraud involved, you could possibly have the court to demand back the money; but that would be a hard battle to win. In any event, she can't get the car or house.

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