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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89579
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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What is the entitlement of a man,not declared as a common law

Resolved Question:

What is the entitlement of a man,not declared as a common law husband,of the estate of same woman,having died leaving same man with 50% of the house,fully owned by woman,in respect of motor vehicles or any other item(s) including money or other real property?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

When the man is not declared common law husband, did the two live as common law spouses and hold themselves out to others as being married?

Did the woman have a will leaving all of the property or 50% of the property to the man?
Customer: replied 11 months ago.

Hi Paul,


are you still online?????

Expert:  Law Educator, Esq. replied 11 months ago.
Yes, I am still here.

Did you see my questions for you? Can you answer those and explain what is going on for me?

Thank you.
Customer: replied 11 months ago.

did you receive my earlier response????

Expert:  Law Educator, Esq. replied 11 months ago.
No I apologize but I did not. Can you post it again. I am sorry for the inconvenience.
Customer: replied 11 months ago.

We siblings really need to know his legal entitlement.we really dont want a legal scuffle.

Customer: replied 11 months ago.

I suspect he may be a bit greedy, and is considering contesting the will.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

If there was no will and they did not hold each other out in public as husband and wife such to qualify as common law spouses, he legally is not entitled to anything other than a share of whatever his name is on. Thus, if his name is XXXXX XXXXX the house, he has no legal right in probate to the house, same with bank accounts or personal property. The personal property in the house he wants he has to prove is his property.

Unless he can prove they were common law spouses, he is entitled to nothing just for living as boyfriend and girlfriend. If he proves he was a common law spouse, then he would be entitled to 1/2 of her estate and the children of the deceased would get the other 1/2 share and if there were no children or grandchildren, then the siblings would take the 1/2 share.




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Customer: replied 11 months ago.

Hi again Paul


This situation exists in Jamaica.


Is this opinion germane to that country's justice system,as far as you know????

Expert:  Law Educator, Esq. replied 11 months ago.
Yes, I did know when I answered that it was in Jamaica.

That was what my answer was based upon. His entitlement would be based on his proof that there was a legal common law marriage. Without common law marriage and no will leaving him anything he is entitled to nothing.
Customer: replied 11 months ago.

OK.


Will reply finally tomorrow.


 


Appreciate your time sir.


 


Thanks

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89579
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 13 other Estate Law Specialists are ready to help you

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