Ask a Lawyer and Get Answers to Your Legal Questions
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
I am so sorry for your loss of loved one.You would want to turn in the leased car to the company where the lease is.Only his estate is liable for any debts in his name.So you turn it in and unless he had assets here you can tell them he died insolvent and no probate is planned.Ask them to close the accounts.Do this on the lease and then by letter to the credit card companies here.
I appreciate the chance to help you tonight.Thanks again.
The New Hampshire Supreme Court released an opinion on June 3, In Re Estate of David J. Bourassa that clarified the requirements for Common Law Marriage in New Hampshire. The relevant Statute is RSA 457:39. New Hampshire does not recognize common law marriage. However, what the State may recognize is what can be considered a common law marriage by death. The requirements are in three parts:
This means that a cohabitating couple who is not legally married who have been together for 3 or more years and hold themselves out to be husband and wife are considered legally married upon the death of one partner. It is the death of one partner which triggers the statute if all other elements are satisfied. A couple who simply cohabitate for 3 or more years is not considered legally married under the law.
In the Bourassa case, the couple, David and Deborah, had cohabitated for 10+ years and had one child together. When David died Deborah filed a petition to be declared David’s common law spouse. The Court determined that Deborah had failed to show that she and the deceased fulfilled the last two prongs of the statute. They had not acknowledged or generally been presumed to be married. On the contrary, they were very vocal in making sure everyone knew they were not married.
I appreciate the chance to help you tonight.You are so welcome.
If you can rat 5 stars it is always much appreciated.
If you can rate 5 stars it is always much appreciated.
You are so welcome.