My companion of over 20 years died suddenly--what should he
Question Posted Thursday March 30 2006, 4:10 am
HERE ARE THE FACTS:
I lived with my companion for over 20 years. The home we shared for most of that time was purchased for $200,000. The market value is approximately $600,000. The balance on the mortgage is about $155,000. During our time together, he paid the mortgage and utilities. He also took care of the yard. I paid for all the food, cooked the meals, cleaned the house, took care of all our animals as well as paid for their food. We had 2 dogs and now have 4 cats. This is what we had agreed upon and it was how we shared the expenses.
Recently, he passed away suddenly from a heart attack. Without my knowledge, he had a living trust prepared in which he gave everything to his 25-year-old daughter. However, his daughter told me that when her father was preparing the trust, at his request, she had promised him that she would “take care of me.” These were her own words. She said that she would get me set-up in my own place and make sure I was secure with my new surroundings. She promised me “on her father’s grave”, that she would carry out her promise to her father. Whether or not a monetary figure was discussed, I do not know.
Two of our closest friends recently disclosed to me that prior to his death, my companion had told them he was going to change the trust to include me. Unfortunately, this was never done.
My companion was worth over a million dollars in savings, assets, and property.
My companion’s brother told me that his daughter was planning to give me $20,000.
My question—is this amount fair?
If not, what would be a fair amount?
I am a 55 year old female.
[ Answer this question ] Want to answer more questions in the Relationships category? Maybe give some free advice about: Families? girlygirl answered Thursday March 30 2006, 3:27 pm: That doesn't sound "fair" at all! However, if that is what she offers, you should probably accept it gracefully. He should have made sure that you were taken care of and he didn't. You'd be facing a huge legal battle that you probably won't win. Unless you have 20 years worth of receipts, and something in writing that said he wanted you taken care of, you're still looking at a losing battle. I'm so sorry! Obviously you've been his companion for many, many years and at the very least they should sell the house and give you half of the proceeds and half of the furnishings. [ girlygirl's advice column | Ask girlygirl A Question ]
TheOldOne answered Thursday March 30 2006, 8:51 am: My sympathy for your loss.
First, speak to a lawyer. Don't do ANYTHING else before then. What I'm saying is, pick up a phone today and make that call.
I'm not a lawyer, and neither is anyone else here (as far as I know), but I'm pretty sure that 20 years of co-habitation (assuming that there was some sort of physical relationship as well) can have legal implications in common law.
However, you don't want to antagonize your companion's daughter if you don't have to (and if you have to, you DEFINITELY don't want to do it without a lawyer at your side). So don't say anything binding or definite to her or anyone else, apart from a lawyer. At this point all you have to go on is rumor; you don't know for certain what your companion's daughter intends to give you.
And of course I'm sure it would be better to stay on good terms with your friend's daughter, if you can.
Erinn_the_bamf answered Thursday March 30 2006, 7:28 am: No, it does not seem fair. Have you worked in your adult life? If no, then this really isn't enough to hold you over until you get a job. However, the hard part of this is it would be awkward asking for money, and you have nothing that legally says you can get a share of the money. Are you close with your compain's daughter? If so ask her for some extra money. If you are not try asking someone you are comfortable with, and can get his daughter to give you more money, to help you get some more. [ Erinn_the_bamf's advice column | Ask Erinn_the_bamf A Question ]
dgwatson161 answered Thursday March 30 2006, 7:09 am: I seriously do not think this is a fair amount, you paid for a lot of things just like your companion. I believe you should get 40% since people are saying that you were supposed to be included in the trust. Have a talk with his daughter and tell her what you have been hearing and how you want this settled. I mean your house was A LOT of money and you are only getting 20 thousand dollars. That is not even close to what the amount should be. Good luke with this.
corvin answered Thursday March 30 2006, 6:47 am: No, it is not. Perhaps five times that sum would be. Unfortunately you have no legal recourse to the funds and will, basically, have to settle for what the daughter will give you. [ corvin's advice column | Ask corvin A Question ]
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