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02-08-2005, 12:46 PM
| | Junior Member | | Join Date: Feb 2005
Posts: 2
| | | Legally married?
My mother-in-law married her husband on Jan 12, 1983 in Kentucky (however both were residents of Tennessee). We have recently found out that her husbands divorce wasn't final until July 11, 1983, also Tennessee. My mother-in-law has just passed away. Do her kids take possesion of her things, or does her husband? Was she even legally married? Does he have any rights at all? They have lived in Tennessee all along. |
02-09-2005, 04:16 PM
| | Senior Member | | Join Date: Jul 2002 Location: Tennessee
Posts: 3,088
| | | Has probate been filed? You need to see a good estate/probate attorney. If the marriage wasn't legal then the kids have rights, however just knowing it and bringing it to the attention of the court is different.
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02-09-2005, 04:48 PM
| | Junior Member | | Join Date: Feb 2005
Posts: 2
| | | No, nothing has been done yet. We were under the assumption that since she was married, that probate wasn't neccesary, however in light of the new information, we have no idea what to do.
I assume that unless it is brought to the courts attention, then the husband is the legal person that her things go to? |
02-09-2005, 05:07 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,810
| | | Neither state recognizes common law marriages so that isn't an option if they were never remarried after his divorce was final. So her children should be be able to at least have access to her personal property. Consult a probate attorney as they may have some financial matters to untangle if there are pensions, retirements accounts or real estate in both names. | |
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