common law after death of spouse query

[rini]

dear Socrateaser,

One of my very best friends died last week at the age of 49 from a heart attack.

The last few years he lived with his gf and her daughter (all of the rules for PA common law apply to this situation.

The estate is not extensive but as he was disabled and only lived on SSD his gf paid the majority of the bills and mortgage payment with her 36,000 a yr salary and her child support that she recieved she used for her daughter.

Where and how does she go about having a judge declaring their union common law after the fact.  This would be the easiest solution for the family (his mom , dad , and brother  also because there would not be any estate transfer taxes ect ect ect..

She realizes that she would be responsible for all his debts including funeral expenses .

She would like to keep the house and have it transferred to her name.

Not really any equity in the house either but she would like to continue in it as her home.

QUESTION  Where does she start????

I am not sure whether she petitions the family court first to be declared his common law wife and brings her witnesses and or affidavits here or if she does this in the probate court.


any help would obviously be very much appreciated because we have no idea where to begin and this sort of thing is not a popular topic.

Thank you and God Bless,

rini

[socrateaser]

>QUESTION  Where does she start????

You're breaking Forum Rule #10, but I'm gonna let it go. Please review the rules.

If the decedent has a will, then you submit the will to the Probate court and challenge its provisions on grounds that you are the common law spouse.

If the decedent dies intestate, then you Petition the Probate court to enjoin any disposition of the decedent's assets until the court has determined whether you are the common law spouse, and that you have an intestate right to a share of the decedent's estate.

You also must file a Lis Pendens (notice of suit pending) with the county recorder wherein any real property of the estate is located, simultaneous to the Probate proceedings, in order to prevent anyone from conveying title to a bona fide purchaser during the pendency of the action.

[rini]

Dear Socrateaser

thankyou for your response any my apologies for breaking rule 10

wont happen again.

God Bless

rini