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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37377
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My beloved husband recently passed away u.expectabtly, a few

Customer Question

My beloved husband recently passed away u.expectabtly, a few months ago. I am now finding out he most likely did not get divorced from his first wife. I married him at a courthouse in South Carolina in March of 2010. I have our marriage,license. Is our marriage legal? His first wife is trying to get an amendment to his death certificate that she is the surviving spouse. What legal rights do I have?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I am very sorry to hear of your loss, please accept my condolences and I will try to help get you an answer.... I have our marriage,license. Is our marriage legal? .I hate to say it, but if he was still legally married to someone else, then any subsequent marriage is "void ab initio" meaning "void from the beginning" because you can't be married to two people at the same time. The is the criminal offense of bigamy..So if it turn out he was never legally divorced, then his first wife is still his wife and if he did not have a will, she could stand to inherit his estate...I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister