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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have been in a relationship years as a common law couple.

Customer Question

I have been in a relationship for 16 years as a common law couple. He died a few weeks ago and I'm not sure what or where I belong. He didn't have a will. I live in Kansas what do I do? His family wants me to manage his estate because they are in another state again what do i need to do?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of your loss.

If your spouse died without a will, they died "intestate" and their assets will pass through the state's "intestate succession" statute - see: http://www.nolo.com/legal-encyclopedia/intestate-succession-kansas.html

As you were common law spouses instead of having a formal marriage license, if you suspect that his family may contest the distribution (as you will see - intestate succession with no children gives all assets to the spouse), you may want to consider speaking to a local probate attorney to assist you with this matter (you likely will not need to retain them for this matter - but a brief consultation to discuss the facts of both your relationship and get some counsel on the local probate court will be well worth an hour or so of attorney's time).

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