If I lived with a man for 19 years as man and wife and he just passed after a long illness, do I have any legal standing to receive any of his property?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I lived with a man for 19 years as man and wife and he just passed after a long illness, do I have any legal standing to receive any of his property?

Do I have rights to the property through common law? We lived in his home together. I am caring for our property and animals. Also, he has a son. What can and can’t be done before probate court is filed?

Asked on July 12, 2014 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Please seek legal help as soon as possible. WHile Georgia does not now recognize common law marriage  after Jan. 1, 1997, common law marriages entered into prior to that date will be recognized by the state. (Ga. Stat. § 19-3-1.1).  Your marriage was entered in to in 1995 according to the numbers here.  You just have to make sure that it has been properly established under the law. Once done you would inherit under intestacy as a spouse.  Hurry.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption