Who gets my late common law husband’s last checks his 37 year old daughter or the woman he lived with and had join accounts with for the last 8 years?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who gets my late common law husband’s last checks his 37 year old daughter or the woman he lived with and had join accounts with for the last 8 years?

Ron and I have been together for over 8
years, living in the same place with a
joint account and when he passed on
without a will his daughter said that
she should get his last few dollars .
She is 37 years old and married .

Asked on November 15, 2017 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, you would have to establish that you indeed had a commom law marriage. You'll need to check state law for that. Then, if in fact a such a marriage was formed, as the surviving spouse you would be entitled to a part of your late husband's assets (which would include his last paycheck). If he left no Will, then state "intestacy" law applies so you will split with his childen; if he did have a Will, then it controls how his assets are divided (but even if you were not named in it, you may still have certain rights as his surviving spouse).


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 lock Secured with SHA-256 Encryption