Common Law Marriage

[tudamku]

What is the name of your state (only U.S. law)? Arkansas
My dad and stepmom was married in the state of Texas by common law. Then they moved to Arkansas. So my question is are they legally married in the state of Arkansas?

[justalayman]

yes they are

[tudamku]

Ok. Well my dad passed away the other day, and she has stirred alot of crap,and we talked to a lawyer today and he said if she cant represent an arkansas marriage license then they are not legally married in arkansas. I wanted to see where we stand because my stepmom is already giving away his stuff to her kids, and she said me and my brother and sister didnt deserve sh*t. Which we are his kids.

[justalayman]

9-11-107. Validity of foreign marriages.
(a) All marriages contracted outside this state that would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.

(b) This section shall not apply to a marriage between persons of the same sex.

History. Rev. Stat., ch. 94, § 7; C. & M. Dig., § 7043; Pope's Dig., § 9023; A.S.A. 1947, § 55-110; Acts 1997, No. 144, § 2.

That is the Arkansas statute that says a common law marriage from another state is recognized in Arkansas. So, that begs the question; why would the attorney say they need to prove an Arkansas marriage if they were married in Texas?

Now, to giving away things, we need to consider Arkansas probate codes:

well. since I seem to be having a few computer problems, I'll post this much and try to get back.

[justalayman]

Arkansas Intestate Succession Laws
If any part of an Arkansas decedent's estate is not effectively disposed of by will, the intestate share will first be distributed in the following order and manner:

To the children of the intestate and the descendants of each child of the intestate who may have predeceased the intestate, which children and descendants will take per capita or per stirpes (as explained below).
If the intestate is survived by no descendant, to the intestate's surviving spouse unless the intestate and such surviving spouse had been continuously married less than three years next preceding the death of the intestate, in which event the surviving spouse will take merely fifty percent of the intestate's heritable estate.
If the intestate is survived by no descendant or spouse, to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one of them shall be living.
If the intestate is survived by no descendant, but is survived by a spouse to whom the intestate has been continuously married less than three years next preceding the death of the intestate, the entire portion of his or her heritable estate which does not pass to the surviving spouse under item 2 above shall pass to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one of them shall be living.
If the intestate is survived by no descendant or parent, then all of his or her heritable estate which under items 3 and 4 would have vested in intestate's surviving parent or parents will pass to intestate's brothers and sisters and the descendants of any brothers and sisters of intestate who may have predeceased the intestate, such brothers, sisters, and descendants taking per capita or per stirpes (as explained below).
If the intestate is survived by no descendant, then in respect to such portion of his or her heritable estate as does not pass under items 2 through 5 above, the inheriting class will be the surviving grandparents, uncles, and aunts of the intestate. In this situation, each surviving grandparent shall take the same share as each surviving uncle and aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal grandparent, uncle, or aunt shall take the same share as a paternal grandparent, uncle, or aunt and vice versa. If any uncle or aunt of the intestate shall predecease him, the descendants of such deceased uncle or aunt will take, per capita or per stirpes (as explained below) the share the decedent would have taken if he or she had survived the intestate.
If the intestate is survived by no descendant, then in respect to such portion of his or her estate as does not pass under above provisions, the inheriting class will be the surviving great grandparents and great uncles and great aunts of the intestate. In this situation, each surviving great grandparent shall take the same share as each surviving great uncle and great aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal great grandparent, great uncle, or great aunt shall take the same share as a paternal great grandparent, great uncle, or great aunt and vice versa. If any great uncle or great aunt shall predecease the intestate, the descendants of the decedent will take, per capita or per stirpes (as explained below) the share the decedent would have taken if he or she had survived the intestate.
If heirs capable of inheriting the entire heritable estate cannot be found within the inheriting classes outlined above, the real and personal property of the intestate, or the portion not passing under those provisions, shall pass as follows:
To the surviving spouse of the intestate, even though they had been married less than three years.
If there is no such surviving spouse, to the heirs, determined as of the date of the intestate's death, of the intestate's deceased spouse (meaning the spouse to whom the intestate was last married if there had been more than one marriage). However, in case a marriage was terminated by divorce, rather than by death, the heirs of the divorced spouse shall not inherit.
If there is no person capable of inheriting under the above two provisions, the estate shall go to the county where the decedent resided at death.
Per capita distributions. If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate's estate in equal shares and will be said to take per capita. Heirs will take per capita in the following circumstances:

If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate's estate in equal shares and will be said to take per capita.
If the members of the inheriting class are related to the intestate in unequal degree, those in the nearer degree will take per capita or in their own right; those in the more remote degree will take per stirpes or through representation.
Per stirpes distributions. Heirs will take per stirpes if the intestate is predeceased by one or more persons who would have been entitled to inherit from the intestate had such person survived him. The intestate's estate must be divided into as many equal shares as there are:

Surviving heirs in the nearest degree of kinship to the intestate; and
Persons in the same degree of kinship as the heirs mentioned above, who predeceased the intestate leaving descendants who survived the intestate.
Each surviving heir in the nearest degree taking per capita shall receive one share and the descendants of each predeceased person taking per stirpes shall collectively receive one share.

Arkansas Intestate Succession Law Fun Facts

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Relatives of the decedent conceived before his death, but born thereafter inherit as if they had been born in the lifetime of the decedent.
Arkansas' intestate succession laws, as well as other laws dealing with wills and decedents' estates, can be found in Title 28 of the Arkansas Code.

It appears you and sis deserve a lot more than stepmom believes.

I find it hard to believe but from that info above, it seems mom is the one not entitled to anything (not titled jointly or jointly owned). I would think there is something a spouse would be entitled to but that says otherwise. Maybe it is just me being too tired to see such info.

What is the lawyer suggesting you do about this? Maybe file for an injuntion in the courts where the courts would order no more of the estate be distributed and any already distributed be returned.