Legal Question in Wills and Trusts in Pennsylvania
I was in a relationship and lived with a man for over 19 years, he died accidently in Jan of 2010. His beneficiaries were his siblings, from blatant procrastination. They promised to "take care" of me and include me. Until the money came through, of course. As angry as I am at their greed, I know without a shred of doubt my Patrick would have NEVER allowed me to struggle as I have over this past year. Do I have any legal grounds here?
3 Answers from Attorneys
Unless you claim to have been in a common law marriage and prevail on that claim you have no chance of getting anything.
After 19 years no marriage certificate or updated will? Sounds like an aversion to deal with legal paperwork. As either of those would have protected you. Without them you have no claim.
{John}
Common law unions could not be formed on or after January 1, 2005. Since your relationship goes back to before that date, you might be able to establish a common law marriage and make a claim on Patrick's estate.
Mr. Davidson is correct in saying that the failure to write a will making you a beneficiary was a serious lapse, and if there had been such a will, you would not be in this position.
Consult an estates lawyer in the county where Patrick resided at the time of his death. Don't delay in doing this.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
The problem is that you have waited for over a year. There are time constraints for asserting your rights to an elective share as a surviving spouse. PA did recognize common law marriages prior to 2005, so you may be able to prove that you were his common law wife.
While Law Guru is nice, you need to get up with an experienced probate lawyer ASAP. If you are not able to establish a claim as a common law wife and claim an elective share, then you get nothing unless Patrick made you the beneficiary of life insurance, annuities, 401(k) etc,
Although you cannot undo what has been done, let this be a learning experience. Please make your own will and take care of things so that you do not leave a legal mess for your loved ones.