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Common law spouse that died and I want to get his V.A checks that he was recieving

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Old 04-23-2008, 11:09 AM     #1
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Confused Common law spouse that died and I want to get his V.A checks that he was recieving

From: CINDY (badmoonup1@cox.net)
Area of law: (Not sure which area)
Country: United States of America
State: Oklahoma

My fianc,e and I were living together for 2 1/2 yrs.as husbandand wife. We were engaged
Christmas 2006 and he was killed in an accident 10/8/2007. He was recieving v.a
checks and benifits and wanted to be sure that if anything happened to him
(they wanted to do more heart surgery) that I would still recieve his check
and be taken care of. I was in the hospital and he put me under his last
name as his wife and I have other papers like this.I even have a card that
he gave me that says he felt that I was his wife. He even told others. What
can I do to get his check and how? Thank You! Cindy
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Old 04-24-2008, 02:25 PM     #2
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Default Re: Common law spouse that died and I want to get his V.A checks that he was recieving

You were not actually married. So that may be a problem.

You could perhaps try to argue that you were common law married??
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Old 06-23-2008, 08:54 PM     #3
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Default Re: Common law spouse that died and I want to get his V.A checks that he was recieving

In fact there maybe a common law marrige if it was "Filed". The days of "holding out to the public" are fading if not extinguished. The other challenge absent an impediment like an undissolved previous marriage is the VA regulations on time as in last 10 years whatever. Meeting the time rule is half the battle. Then a legal contract like a credit account as husband and wife. Find you a law library... you begin by learning what CFR is. It will help if his family affirms the union and time. This is only advice not legal advice.
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