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?
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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 9 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.
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