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Estate Must Pay Up Ex-Girlfriend - Recent Massachusetts Case

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By Law Offices of Sharyn T. Sooho

Published:  October 22, 2004

If you and an old paramour broke up years ago, your heirs might be in for a nasty surprise. A recent case in Massachusetts awarded the former girlfriend of the decedent one million dollars from the man's estate almost twenty years after they broke up.

The case might be alarming for those who start and stop relationships as casually as they buy and discard the daily newspaper, but the decedent in this case made promises he should have kept.

In 1963 Kay Lennon met Thomas Bracken when she was traveling in Europe. Thomas was then in the Air Force, but kept in touch with Kay and eventually the two lived together in Boston in 1966 where Thomas attended architectural school. Kay worked to support the two, and eventually sold all of her stocks for about $10,000 during their twelve year relationship. The money was invested in various investment properties in Boston and the surrounding area. The deeds were in Thomas' name only because it was easier for a man to get mortgage financing in those days.

Thomas promised he would give Kay one-half of the investments in his will. After Thomas finished architectural school, he lived off the income from the investment properties. Kay testified that she did not mind, because she was working, and because Thomas was managing the properties. He and Kay eventually broke off their romantic relationship in the late 70's, but remained friendly until the early 80's. When Thomas died in 1998 no will was found, and his nephew argued that Kay's financial contributions over the years were merely gifts, and not contributions toward a joint business venture. The jury disagreed and awarded Kay one million dollars.

Last modified:  October 22, 2004 - 02:08 PM


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