Legal Question in Wills and Trusts in New Hampshire

My ex died 3 months ago, without a will. My son applied to the court as his sole heir, and was given the proper paper work that he needed in order to do so.

My ex�s fianc� is causing trouble. First she tried saying the house was hers, (The house was ONLY in my ex�s name, he bought it before he met her.) and that she was going to claim common law marriage, since they�d been living together off and on for about 13 years. Thankfully though, the people at the courthouse told my son that the state of NH doesn�t recognize common law marriages. She then dragged her feet about getting her things out of my ex�s home, (she was back living full time in her own home in another town.) until my son had no recourse (since he and his wife were moving in) to pay for a 14 ft. Uhaul and bring her all the belongings she�d literally put her name on, saying they were hers. That was almost 3 weeks ago, and just yesturday, she sent him a letter (through regular mail) stating at least 10 things that she didn�t receive that she still wants. (My son has no proof that these things were even hers, and in fact knows that at least several of the items she�s demanding were his dad�s!)

She�s also saying that she�s talked to her lawyer about being my ex�s �care giver�. (She�d take him to some Dr�s appointments for his cancer treatments.) She hadn�t worked for years, was laid off, but was collecting unemployment (through her own mailing address in another town.)

There�s one last thing I�d also like to mention. My son has found cancelled checks totally over 11,000.00 that his father had given to his fianc� in just the past year alone.

So, I�d like to know, given these facts, WOULD she have any chance of �getting more�, and dragging my son to court, or do you think she�s totally �blowing smoke� and my son should just ignore her?

Thank you for your time in reading this, and hopefully a swift response.


Asked on 8/04/10, 8:57 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Unfortunately, there is no clear answer to your question. This type of case is very fact dependent. A full review of the relationship would be needed. There is plenty of room for different legal theories and lots of litigation. The only way to examine what the options and risks might be is to meet with an attorney for a full review. And, under some very limited circumstances in New Hampshire, if the parties conducted themselves as if they were married, and people in their lives believed they were married, and one of them dies, there MAY be grounds to make a claim against the estate of the deceased.

Read more
Answered on 8/09/10, 9:27 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Hampshire