Among Friends

[NickNack]

I am so very sorry for your friend.  I know her loss is immense.  The bottom line is that they were't married, and declaring themselves married didn't make it so.  I think his sister is entitled to his estate, but should offer a few things to your friend.  I don't mean this as hurtful, because I do really feel for your friend.

I do think your friend should get a lawyer to get back the money that she spent on his hospitalization and funeral, etc.

[AuntG]

They serve as an example of why you must deal with things before hitting crisis mode. I wish it could be worked out amicably.

[RedTop]

Your friends drama may not be over yet.   If her common law marriage isn’t recognized, then she defrauded her employer in order to get FMLA, and they may not take well to that.   

Legally, sister did what was in her power to do; she can also have his body moved.   While I don’t think sister should have gotten involved, she was her brothers next of kin, and had a legal right to do what she’s done.   

[Drythe]

The same critical, judgemental views always seem to come from the same poster.  Where is any Human Kindness?  

@My3Girls

I am so sorry for your friend.  I'm sure there was no fraud or mis-representation intended.

But as we all know greed is a mighty factor.  I've seen it in play in places I never expected to see it, now it comes as no surprise to me.

I hope she is able to have the expenses she incurred transferred to the sister’s responsibility, and move on with her love for this man intact.

[Cakers3]

@Drythe  The sister can have the body removed with a court order only; she doesn't own the plot.  However, I wonder just where she would inter her brother if she herself does not own a plot; plus it costs $$$$ to buy a new one and move him.

[Cakers3]

@chrystaltree  They lived together for 6 years,not 1. 

I don't believe she was deliberately trying to scam FMLA because FMLA does recognize common law spouses as long as the common law marriage is documented in the resident state.

That was the problem-they didn't follow the common law marriage law in Texas.

They needed to file with the county clerk at the courthouse.

They may not have known what to do; common law marriages vary from state to state.

@My3Girls  I'm sorry your friend is heartbroken but you asked for opinions about the sister.  I think you already know what is driving the sister.  It really isn't up to us to determine her motives; we can speculate from greed to sorrow but it doesn't matter.

Your friend and her "husband" did not take the necessary measures to be recognized as common law.  That is the kicker in this whole situation.

She will need her own legal advice as to property purchased together, who can enter their place of residence and remove items, etc.

Nothing surprises me when it comes to human behavior and unfortunately your friend is subject to some of the worst.

[Drythe]

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@Cakers3 wrote:

@Drythe  The sister can have the body removed with a court order only; she doesn't own the plot.  However, I wonder just where she would inter her brother if she herself does not own a plot; plus it costs $$$$ to buy a new one and move him.

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@Cakers3

I think you might have me confused with someone else.  My point was that if the sister wanted everything I hoped the medical could be transferred to her,  

I would never suggest moving someone’s body.

[VaBelle35]

Your friend needs to find a good estate lawyer who can unwind all of this for her and hopefullly recover all of the medical bills she paid out of his life insurance or whatever he had in terms of money and possessions.

[Cakers3]

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@Drythe wrote:

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@Cakers3 wrote:

@Drythe  The sister can have the body removed with a court order only; she doesn't own the plot.  However, I wonder just where she would inter her brother if she herself does not own a plot; plus it costs $$$$ to buy a new one and move him.

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@Cakers3

I think you might have me confused with someone else.  My point was that if the sister wanted everything I hoped the medical could be transferred to her,  

I would never suggest moving someone’s body.

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@Drythe  Oops-my mistake.  It was the post above you I meant to respond to.

I'm sorry.

[Drythe]

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@Cakers3 wrote:

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@Drythe wrote:

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@Cakers3 wrote:

@Drythe  The sister can have the body removed with a court order only; she doesn't own the plot.  However, I wonder just where she would inter her brother if she herself does not own a plot; plus it costs $$$$ to buy a new one and move him.

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@Cakers3

I think you might have me confused with someone else.  My point was that if the sister wanted everything I hoped the medical could be transferred to her,  

I would never suggest moving someone’s body.

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@Drythe  Oops-my mistake.  It was the post above you I meant to respond to.

I'm sorry.

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@Cakers3

No problem!  Best wishes to you.