longtime boyfriend died, I should be the one getting his pension

[zddoodah]

Ok, another issue: about the house where my deceased significant other chipped in on. The amount was $48,000 and his children want me to pay it back, claiming it was a "loan". No it wasn't, he wanted to contribute and someday move in with me in this new house.

You are free to tell them to pound sand. It will then be up to them to let it go or sue you. If they sue, they'll have the burden of proving it was a loan and not a gift. Obviously, we have no way of knowing if they have any evidence that might tend to prove that.

One of the children (the Executor) also threatened to report this $48,000 as income to the FEDS (IRS).

That may create a bit of a headache when you do your taxes, but reporting it as income would undercut the argument that it was a loan, and I think they'd likely have an even harder time proving that it was income (in exchange for what work, services or goods?) than proving a loan.

I'm sure a judge would confirm that a 38 year steady relationship IS a civil union.

No judge would do that because, as per my prior response, there's no such thing as a "civil union" under Iowa law. There's only marriage (either traditional or common law, which you've admitted you didn't have) or a boyfriend/girlfriend relationship, which is something with no legal significance.

Also, I feel that I should get his social sec. monthly payments, too

Dead people don't get social security payments. A surviving spouse may be entitled to receive survivor benefits, but you weren't his spouse.

 

[justblue]

He retired about 2 years ago. No, I wasnt' named alternate payee, I don't believe an alternate was declared. I found at that , no, his 4 children were not named alternate payee, neither was I

Also, I feel that I should get his social sec. monthly payments, too

About his chipping in $48k for my new house, he did it because we were united in holy matrimony that wasn't seal forever in a church. being together 38 years says it all.

Sorry, happy hour, my typming mite not be the best

sigh....

No, you are not entitled to his social security.
No, per your own postings you were not "united in Holy Matrimony.
And lastly, no. Being someone's girlfriend for 38 years does not magically make you his wife when he passes away.

I suggest you lay off the sauce when dealing with legal matters. Not only does it make it harder for you to grasp the very simple concept we are relaying to you, but it also makes you rather obnoxious to deal with.

 

[adjusterjack]

Ok, another issue: about the house where my deceased significant other chipped in on. The amount was $48,000 and his children want me to pay it back, claiming it was a "loan". No it wasn't, he wanted to contribute and someday move in with me in this new house.

One of the children (the Executor) also threatened to report this $48,000 as income to the FEDS (IRS).

Don't sweat it. That's about the only thing in your favor. It was a gift. They will have no documentary evidence otherwise. There is no income tax on gifts until the lifetime gift tax exclusion is reached and that's over 12 million.

I'm sure a judge would confirm that a 38 year steady relationship IS a civil union.

You are freakin' delusional. No judge is going to confirm that because you weren't married, common law, civil union, pinky swear, or otherwise. Except for the $48,000 "gift" you are not entitled to a single cent.

 

[Hawarden]

sigh....

No, you are not entitled to his social security.
No, per your own postings you were not "united in Holy Matrimony.
And lastly, no. Being someone's girlfriend for 38 years does not magically make you his wife when he passes away.

I suggest you lay off the sauce when dealing with legal matters. Not only does it make it harder for you to grasp the very simple concept we are relaying to you, but it also makes you rather obnoxious to deal with.

you shouldn't judge me you shut yr mouth i havnt drink very much who the h-e dubble hoky sticks you think your tlaking to?! better wach out ill get yu

 

[Tax Counsel]

Iowa law says that a common law marriage must be announced. Well, I"m announcin g it

The common law marriage had to be formed before he died. As I said before, claiming common law marriage after his death is too late.

 

[cbg]

If he did not name you as an AP, you don't have a leg to stand on.

 

[justblue]

you shouldn't judge me you shut yr mouth i havnt drink very much who the h-e dubble hoky sticks you think your tlaking to?! better wach out ill get yu

sigh...as I said, obnoxious.
Threatening people is a silly and base response utilized by drunks and lowlifes.

 

[Tax Counsel]

Ok, another issue: about the house where my deceased significant other chipped in on. The amount was $48,000 and his children want me to pay it back, claiming it was a "loan". No it wasn't, he wanted to contribute and someday move in with me in this new house.

One of the children (the Executor) also threatened to report this $48,000 as income to the FEDS (IRS). Can't win with this family so again, I'm sure a judge would confirm that a 38 year steady relationship IS a civil union. If that's the case, then ole' step-mommy gets it ALL

Just knowing a friend for 38 years and having a close relationship with him is not enough to prove a common law marriage. You were his girlfriend. You refer to the relationship as being boyfriend & girlfriend even in these threads. I have a friend I've known for 40 years. But should she die before me, I'd get nothing from her estate simply for being long time friend. I'm not her husband, so if she wants me to get something of hers when she dies, she needs to put that in her will or testamentary trust. Putting in money towards the house is one factor that would help if tried to get the court to recognize a common law marriage. But so many things here point to a friendship, not a marriage. A judge won't determine you his wife or that there was a civil union just for knowing him and and making a contribution to his house. The thing that most goes against you being married is that you didn't live together. Typically spouses reside in the same home.

If it was important to you to get something from his estate, you should have either encouraged him to give those things to you in his will or living trust or you should have just gotten married. In most states it's not very difficult or expensive to get married. And if you were formally married, you'd have a claim to the spousal share of the estate. But you can't fix that after he dies. You had 38 years in which to get married. If that was important to you, why didn't the two of you ever marry? There would have been a lot of benefits you'd have been eligible for as his spouse over that 38 years.

 

[Tax Counsel]

Don't sweat it. That's about the only thing in your favor. It was a gift. They will have no documentary evidence otherwise. There is no income tax on gifts until the lifetime gift tax exclusion is reached and that's over 12 million.

Jack, you slipped up referring to income tax. The $48,000 she put into the house isn't going to trigger any income tax issue. You are correct the gift tax exclusion is now over $20 million but that fact alone doesn't have any income tax issues.

 

[Red Kayak]

you shouldn't judge me you shut yr mouth i havnt drink very much who the h-e dubble hoky sticks you think your tlaking to?! better wach out ill get yu

You come across as a not brilliant liar. You are not credible. You have convinced no one here.

Furthermore, threatening people on this forum is frowned upon.

 

[adjusterjack]

OP is on a time out.

Thread locked.

Respect the lock.