What do you think of commin law marriage?

Question

commin law marriage what do you think about it,my sister left nothing to a live in boyfriend in her will she left it all to her eight kids .the live in moocher is taking them to court claiming commin law marriage /contesing the will.what kind of a chance does he have. she supported him for ten years,nothing was ever in their names together.she paid all the bills ,she had money before he ever entered the picture.

Answer 1

If they live in a state that recognizes common law marriage, and if their relationship met the requirements (which usually involve more than just living together), then he may have a case.  In my state (NC), you cannot completely disinherit your spouse without their consent; unless they sign a prenup they are entitled to part of your estate even if you have a will leaving it all to someone else.  But NC doesn't recognize common law marriage, either.  If their state doesn't recognize common law marriage, I would think he's out of luck.

Answer 2

First off it is COMMON Law marriage. Not Commin. Anyway he has an argument, depending on where he is. I'm guessing where he lives they accept Common Law Marriage. Hey if you can get palimony now(you know people "lived together" but weren't married and break up) I guess this is even more fair.  

Answer 3

I think you can rest assured that no judge will take what she has given to her children away. The guy would have to prove that he worked, the same as she, in order to gain a dime of her money.

Answer 4

can't answer your question until i know country. and state, if you are in usa.

Answer 5

He has no grounds to contest, though it would have been a lot better if she'd left him a dollar. That gets around challenges often made that the will predated a child's birth, or a partner moving in - and shows that the deceased considered them, but only left a dollar to them on purpose.

That said, she had a clear will leaving the estate to the next of kin, so Probate court will not overturn that.

Answer 6

he won't get anything except his personal belongings unless they have the legal document that both would have had to signed documenting they were in a common law marriage. You aren't automatically in a common law marriage you have to fill out a form and have it notorized. All of her assets,money etc...will go to the next of kin which is her children unless stated otherwise in her will. Oh another thing is that when a will exists that is what is in stone, meaning whatever is in the will goes and it's extremely difficult to contest it and win. He will fight for years and spend alot of money doing that and doubtfully win.  

Answer 7

I hope he gets nothing..... May her soul rest in peace.

But in TX common law marriage is accepted if they notarized their union.  Also if he can prove that he paid some bills and contributed to the co-habitation he might get something.

My money and my prayers will be for the children that this mucher does not get anything. Amen!

Answer 8

common --