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?
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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 7 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).
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