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Guru_Guy, Family Law Attorney
Category: Family Law
Satisfied Customers: 2418
Experience:  Experienced advisor in all aspects of family law (divorce, custody, support, etc.).
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I lived with a man for 16 years in Ohio. We stoped living ...

Customer Question

I lived with a man for 16 years in Ohio. We stoped living together and both moved back to our home town in Ky (not together). We were told that KY did not reconize common law marrage and it was OK to remarry, we both did. After we were both married he passed away. I then found out that even though Ky did not reconize common law, at the time we were living together in Ohio we were common law married. KY then told me that I was not married to my last man because I was still married to the first one. I went though court and had my 2nd marrage disolved, Now for my question. When I was with my first husband he made out a will leaving everything we had build together to me (his wife). When he passed he left everything to who he thought was his 2nd wife. Because he was not legally married to his 2nd wife and he was sill married to me, can I get our home back because of his first will in the stste of KY? What will is good?
Submitted: 9 years ago.
Category: Family Law
Expert:  Guru_Guy replied 9 years ago.

If he had not will and you were still his wife, you would have a valid claim on the estate. However, if he wrote a will, he can leave his estate to anyone he wants, including his new wife. If he had a will leaving everything to her, that will would be valid, even though she was not actually his wife.

That said, if you were still his wife at the time of his death, you may be able to make a "widow's election" to receive part of the estate regardless of a will, or to collect "marital property" which belonged to both of you because of the marriage. In short, you would probably not get all of the estate, but may be able to get a portion of it.

If you wish to pursue these claims, my advice would be to retain an attorney in Ohio to represent you. Given this complicated situation an experienced estate law attorney may be necessary for guidance.


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Customer: replied 9 years ago.
would I be better to get an Ohio Attorny or one in Ky since the death and everything else is in KY?
Customer: replied 9 years ago.
We have to use a differnt card please tell me how to do so
Expert:  Guru_Guy replied 9 years ago.
Sorry, I misunderstood and thought he had died in Ohio and you lived in kentucky. If he died in Kentucky, you should hire an attorney from there.

Also, not sure you mean by using a different card, can you clarify?