Remember the Saturday Night Live skit making fun of the authors of The Rules yelling “Get the Ring!” Meaning, you should date with the goal of getting the ring. Well, did you know that there have been cases in court where the judge has decided that you cannot keep the ring unless you get married? So, know that you should make it legal before you get to keep the ring. Apparently, the ladies at Betches are saying that in the state of Texas, you get to keep the ring regardless of whether you get married or not. Is that why all his exes live in Texas, according to that song? Anyway, this company has done for you: depending on which state you live, who gets to keep the ring.
Also, under the legal doctrine of elective share, you can elect to take one half of your spouse’s estate (if there are no children) or one third (if there are children). However, this right of elective share must be exercised in a timely manner or it will be waived. The statue of limitations to elect the shares in New York (as well as many other states) is six months after an executor of an estate has been appointed (most likely after the death of the spouse). This is a very short statue of limitations, so watch out! Please consult a legal professional for more guidance.
Speaking of children, here are two stories of two different women:
One is a mom, the other is not.
The mom can demand that the father of her children pay for the family’s house and living expenses, whereas there is no legal obligation to pay the living expenses of a girlfriend.
Speaking of children, once you give birth to his kid, you are more part of his family than most other people. Even his family will think of you as belonging to the family than before, and you can reap the rewards. You will probably be able to stay at the family’s vacation home, or your father in law will give you cash for the holidays, if you chose your family well. No you can’t choose your family, but you can certainly choose your man and his family.
Let’s say you and your husband are not getting along, and you want to find another love to pamper and romance you. Before you seek an attorney, sit back and analyze your situation. Sure, a divorce attorney might get you half of the marital assets, but after attorney’s fees and his hiding or protection of assets (most rich men will try to protect their assets), will you be left with anything? You worked so hard to convince your husband to tie the knot, don’t untangle it unless you know the consequences.
If you just live apart but not get divorced, when he dies, you will still be entitled to at least one third of the estate.
If you are a person involved with a separated but not divorced man, be aware that his legally married wife is still entitled to at least one third, even if he leaves everything to you in the will.
Also, when you co-habitate with a man, and he dies suddenly, be aware that if he dies without a will, you might just be out on the street. This happened to a friend, Tessa, who was living with a man who promised to take care of her. He died all of a sudden and without a will. The man’s sister was entitled to the penthouse apartment. Tessa sued and swore to the judge that her man promised to take care of her. The judge did not find this convincing, and decided that Tessa had to leave the home. Had Tessa’s man put it in writing that he wanted her to have a life-estate or right of occupancy, then she would have had a chance to stay. In fact, in one legal opinion written by a judge, the girlfriend who was living in the house of her boyfriend (who allegedly promised verbally to take care of her) had to vacate the house since it legally belonged to the decendant’s next of kin (his brother).
The moral of the story? Convince him to put it in writing. How do you convince him?
Well, tearfully state that you are worried that you will be out of a home if something happens to him. Or, get pregnant and have his baby.
Even when you are legally married, you are not guaranteed all his money. If he has kids, they can sue and claim that he was mentally incapacitated or under undue influence.
In a recent NY court case, a woman who was married for a very short time right before her husband’s death was not entitled to any part of his estate. We are probably all familiar with the famous Anna Nicole Smith case, which continued well after Anna’s death.
Remember, the foregoing is for entertainment purposes only, does not constitute legal advice and please seek an attorney for any legal representation.