I'm in a dispute over the few clothing items belonging to my now deceased common law husband of 18 years who passed away on 7/29/09 in an apartment we shared for the past 14 years together but having left no will. He died from terminal colon cancer that he developed 4.5 years ago and during that period being unable to work the last 2.5 years of his cancer condition we used up all of the savings we had and was living on his SS income at the time of his death as I have also been unemployed for over a year now myself. Just prior to his death however, which he died at home with me he directed me to sell whatever I could of his clothing items in order to continue to live until I can make other living arrangement for myself. Do I have any legal recourse in this pathetic situation to prevent his family from coming into our apartment and taking anything belonging to him or what is the courts legal stipulation in a situation as this one as his brothers want to come and take his clothing items?
Optional Information: State/Country of Question: New Jersey Already Tried: My common law husband of 18 years passed on 7/29/09 leaving me with nothing except some of his personal clothing items and belongings in our apartment where we lived together over the past 14 years. Prior to dying in our apartment he told me to sell whatever I could to get some money to help me out until I could make other arrangements as he had been very critically ill and weak from the chemotherapy treatments and in severe pain also because they surgically removed his colon over a year ago, I have also been unemployed for the past year and we had barely been getting by on his SS Income up until his death. I have already sold some of his possessions but many items remain and now his brother wishes to take them but I have clearly refused to allow him to do so and need to know my legal position if any due to my mere common law martial status to him.
If he was your husband, even common law, you (if there are no children) inherit everything that was his and the brothers have no legal claim under the NJ intestate succession laws. So if they try to enter without your permission you can refuse and you have the right to sell anything you want.
He and i had no children but he has adult children, 4 daughters and 4 sons from 3 previous marriages all of which he was legally divorced from. Do his adult children have any legal claims to any of his possessions?
Since he had children you are entitled to half of his estate and the other half is shared equally amount his 8 children.
Who determines what I get of his and what his children get, we're talking about clothing items, including shoes, suits, outer wear, etc., I have already sold a few gold jewelry pieces and some rare coins. Also he left well over 50,000 dollars in medical and other unpaid bills?
The debt is split as well as the assets. So if they want anything you can also require them to pay a portion of the debt. If you can not work out who gets what then you may have to go to a probate court for a division of the property which would not be worth it.
What do you mean the debt is split, among me and his children to pay from the proceeds of his estate which wouldn't fetch $3000?
Yes. If the creditors come after his estate and they find out there were valuables that you sold any money you get could be ordered to be paid towards the debt.
Experience: Attorney-Business degree from The University of Texas
n 8/10/09 I accessed your legal services to obtain information and direction regarding the estate of my late 'common law husband' who passed on 7/29/09 but who left no will. My original question pertained to who had the right of his estate and I was advised, even though I was his common law wife that in the state of new jersey, that I, and any children had equal right to his estate. This is being disputed by his elder daughter who asserts having spoken to her attorney that his common law wife has no rights over his estate. see below the response i received from the attorney who advised me on 8/10/09 and please let me know what my position is at this time. I do not wish to pay again for the information I already paid to receive. Please advise! I'm in a dispute over the few clothing items belonging to my now deceased common law husband of 18 years who passed away on 7/29/09 in an apartment we shared for the past 14 years together but having left no will. He died from terminal colon cancer that he developed 4.5 years ago and during that period being unable to work the last 2.5 years of his cancer condition we used up all of the savings we had and was living on his SS income at the time of his death as I have also been unemployed for over a year now myself. Just prior to his death however, which he died at home with me he directed me to sell whatever I could of his clothing items in order to continue to live until I can make other living arrangement for myself. Do I have any legal recourse in this pathetic situation to prevent his family from coming into our apartment and taking anything belonging to him or what is the courts legal stipulation in a situation as this one as his brothers want to come and take his clothing items? Optional Information: State/Country of Question: New Jersey Already Tried: My common law husband of 18 years passed on 7/29/09 leaving me with nothing except some of his personal clothing items and belongings in our apartment where we lived together over the past 14 years. Prior to dying in our apartment he told me to sell whatever I could to get some money to help me out until I could make other arrangements as he had been very critically ill and weak from the chemotherapy treatments and in severe pain also because they surgically removed his colon over a year ago, I have also been unemployed for the past year and we had barely been getting by on his SS Income up until his death. I have already sold some of his possessions but many items remain and now his brother wishes to take them but I have clearly refused to allow him to do so and need to know my legal position if any due to my mere common law martial status to him. Customer(Online) -- 4 Accepts / 4 Questions 1 Answer Accepted Status: We're Waiting For You (Relist) Value: $15 Answer August 10 2009 at 8:27 PM (48 minutes and 37 seconds later) What should I do? If he was your husband, even common law, you (if there are no children) inherit everything that was his and the brothers have no legal claim under the NJ intestate succession laws. So if they try to enter without your permission you can refuse and you have the right to sell anything you want. Please Click On ACCEPT so I may receive credit for helping you. POSITIVE FEEDBACK IS ALSO GREATLY APPRECIATED. This answer is for informational purposes only, and should not be considered legal advice. Shelley (Offline) -- Lawyer (JD) -- 99% Positive Feedback on 2969 Legal Accepts Attorney-Business degree from The University of Texas
On 8/10/09 I accessed your legal services to obtain information and direction regarding the estate of my late 'common law husband' who passed on 7/29/09 but who left no will. My original question pertained to who had the right of his estate and I was advised, even though I was his common law wife that in the state of new jersey, that I, and any children had equal right to his estate. This is being disputed by his elder daughter who asserts having spoken to her attorney that his common law wife has no rights over his estate. see below the response i received from the attorney who advised me on 8/10/09 and please let me know what my position is at this time. I do not wish to pay again for the information I already paid to receive. Please advise! I'm in a dispute over the few clothing items belonging to my now deceased common law husband of 18 years who passed away on 7/29/09 in an apartment we shared for the past 14 years together but having left no will. He died from terminal colon cancer that he developed 4.5 years ago and during that period being unable to work the last 2.5 years of his cancer condition we used up all of the savings we had and was living on his SS income at the time of his death as I have also been unemployed for over a year now myself. Just prior to his death however, which he died at home with me he directed me to sell whatever I could of his clothing items in order to continue to live until I can make other living arrangement for myself. Do I have any legal recourse in this pathetic situation to prevent his family from coming into our apartment and taking anything belonging to him or what is the courts legal stipulation in a situation as this one as his brothers want to come and take his clothing items? Optional Information: State/Country of Question: New Jersey Already Tried: My common law husband of 18 years passed on 7/29/09 leaving me with nothing except some of his personal clothing items and belongings in our apartment where we lived together over the past 14 years. Prior to dying in our apartment he told me to sell whatever I could to get some money to help me out until I could make other arrangements as he had been very critically ill and weak from the chemotherapy treatments and in severe pain also because they surgically removed his colon over a year ago, I have also been unemployed for the past year and we had barely been getting by on his SS Income up until his death. I have already sold some of his possessions but many items remain and now his brother wishes to take them but I have clearly refused to allow him to do so and need to know my legal position if any due to my mere common law martial status to him. Customer(Online) -- 4 Accepts / 4 Questions 1 Answer Accepted Status: We're Waiting For You (Relist) Value: $15 Answer August 10 2009 at 8:27 PM (48 minutes and 37 seconds later) What should I do? If he was your husband, even common law, you (if there are no children) inherit everything that was his and the brothers have no legal claim under the NJ intestate succession laws. So if they try to enter without your permission you can refuse and you have the right to sell anything you want. Please Click On ACCEPT so I may receive credit for helping you. POSITIVE FEEDBACK IS ALSO GREATLY APPRECIATED. This answer is for informational purposes only, and should not be considered legal advice. Shelley (Offline) -- Lawyer (JD) -- 99% Positive Feedback on 2969 Legal Accepts Attorney-Business degree from The University of Texas
Unfortunately, if you were his common law wife in New Jersey and New Jersey does not recognize common law marriage, then the daughter's attorney is correct. You have no rights and the entire estate would go to his children. This would be different if you were a coomon law wife in a state that recognized common law marriages, like Pennsylvania, then New Jersey would recognize the marriage. You may be out of luck. sorry to have to tell you.If I've helped, please click ACCEPT so I can get credit for my work. Positive feedback is always appreciated .This is informational only and is NOT legal advice..There is no attorney-client relationship. Consult a lawyer in your jurisdiction for specific legal advice.
But that is my question? I was his common law wife and have lived with him in New Jersey for the entire duration of our 18 years common law marriage so I'm asking the legal experts to tell me whether New Jersey does or does not recognize 'common law marriage'.
No New Jersey does not allow common law marriage in the state.New Jersey does not allow the creation of a “common law” marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. Unlike some other states, in New Jersey a couple cannot acquire marital rights and responsibilities by living together for a particular period of time. You do not need legal action to end such a relationship, if it was created in New Jersey. However, New Jersey does recognize as valid, common law marriages created in other states if the legal requirements of those states have been met. As a result, legal action is needed to dissolve legal “common law” marriages performed in other states and foreign countries in compliance with their licensing and ceremonial regulations. The courts are available for determining the rights of parties now living in New Jersey. As long as a couple lives together as husband and wife, the question of validity of their marriage is unlikely to arise. However, for purposes of inheritance or the benefits of pension plans or social security, a valid marriage is required. If I've helped, please click ACCEPT so I can get credit for my work. Positive feedback is always appreciated .This is informational only and is NOT legal advice..There is no attorney-client relationship. Consult a lawyer in your jurisdiction for specific legal advice.
WHAT YEAR DID THE STATE LEGISLATURE ABOLISH COMMON LAW MARRIAGE IN NEW JERSEY?
It was never a common law state. If I've helped, please click ACCEPT so I can get credit for my work. Positive feedback is always appreciated. This is informational only and is NOT legal advice. There is no attorney-client relationship. Consult a lawyer in your jurisdiction for specific legal advice.
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