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My brother and his girlfriend have lived together 12 years.

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They have checking accounts together...
My brother and his girlfriend have lived together 12 years. They have checking accounts together and vehicles in both names. He passed Sunday morning and the immediate family thought she would be considers his wife. His children feel different. And could she still recieve half of his pension from the IBEW. We live in South Carolina
Submitted: 7 months ago.Category: Legal
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10/3/2017
Lawyer: ScottyMacEsq, Attorney replied 7 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,069
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation, and my condolences on your loss. South Carolina is one of the few states that still has common law marriage pursuant to S.C. Code Ann. § 20-1-360 .

There is a misconception that common law marriage in South Carolina automatically happens when a couple lives together for a certain length of time; this is simply not true. Rather, the couple must share an intent to be married to each other, and they must present themselves to the public as a married couple.

Common evidence of common law marriage can be tax returns that are filed jointly, insurance policies (especially those naming a “spouse” as a beneficiary), and memberships identifying the parties as spouses.

The South Carolina Probate Court will weigh the evidence to prove or disprove a common law marriage between two people, and the Court will decide whether a common law marriage existed between the parties. IF that's the case, then she would be considered his spouse for inheritance purposes. If not, then his estate would go to his next of kin.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Hello?

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (~1 hour) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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Lawyer: ScottyMacEsq, Attorney replied 7 months ago

Please note that I am still waiting for your response or rating...

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