Legal Question in Wills and Trusts in Missouri

cohabitation

my girlfriend of 19 years recently passed away Ineed to know what rights I have to property that was put in her name during our time together. she did not have a will or living thrust.


Asked on 2/01/07, 9:27 pm

1 Answer from Attorneys

Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: cohabitation

In Missouri there is no such thing as Common law marriage. You are either married, as evidenced by a marriage license or youare not. Moreover, there is no such thing as palimony in Missouri, either.

However, If you can show that you were the person who earned or inherited the assets that you then put in your girlfriend's name for your benefit for some reason (i.e. creditor problems) then you can claim that your girlfriend held these assets for you (this is called the theory of constructive trust. Likewise, if you can show that you advanced sums for your girlfriend (i.e. you paid all of the rent, utilities, car payments, etc) you may be able to claim that amounts in your girlfriends estate are owed to you because you are a creditor. Unfortunately, either of these theories will requir either the openning of a decedent estate adminsitration or the filing of a lawsuit.

If you would like help in this matter, please feel free to contact me at [email protected]

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Answered on 2/02/07, 9:35 am


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