Legal Question in Wills and Trusts in New Jersey
significant other died intestate
a few weeks ago, my significant other/cohabitant of 13 years died unexpectedly. there is no will known, however, his intentions and wishes were made clear to his brother, employer and friends--these being that he intended to write a will where his son would receive $1 and i the rest of the estate. this one adult son whom he essentially disowned years ago was already looking for 'his due'before the body was cold. it has been suggested to me that i have a chance under 'palimony' since nj doesn't recognize common law--is there any validity here?? thank you.
3 Answers from Attorneys
Re: significant other died intestate
You have a difficult case under any theory, however, some recent cases may be favorable to your situation. Depending on the facts of your case, it's possible you may be able to prove that his estate is obligated to uphold an implied promise of future support. I would need to learn more facts before giving you an opinion of your chances of success.
Re: significant other died intestate
My condolences. A quick review of NJ law finds there are a number of cases on the issue of palimony or equivalent claims, with the cases going both ways. You appear to fit the facts of a case called Roccamonte (an estate case) which allowed a claim to be made, with damages (recovery) to be determined by the Court. You may have an uphill battle, but there is some hope. I suggest you retain a good estate-matrimonial attorney to review your facts, interview the witnesses and make an evaluation. You must file a claim with the Surrogate's Court to prevent any action by the son to take over the estate until your claim is determined. Good Luck.
Re: significant other died intestate
I am sorry for your loss. Unfortunately, the failure of your partner to have an appropriate estate plan has left you without many options. A Will and Trust could have assured that your partner's wishes were carried out. You should check with a lawyer, but keep your expectations low. If you or any friends in similar relatinships have an opportunity to plan, legal advice should be obtained immediately. Please se my website http://www.saveyourestate.com
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