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In FL for SC info

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supplymedic

Guest
What is the name of your state? Florida. My father passed away in January. He and his girlfriend were living together in SC. after being together for about 5 years. After he passed away his girlfriend told me that they were considered common law married after 12 months in SC. What are the facts? Dad did not have a will although he was 75 and passed away very suddenly. I am wondering if I should seek an attorney to settle his affairs or trust his girlfriend who has become very distant since his death
 


ALawyer

Senior Member
Get a lawyer's advice in the state he lived in. You can not trust her advice as it is totally colored by self-interest. She has every reason to lie, and I see no basis for you to trust her.

Simply "living together" does NOT create a common law marriage in the states that still have common law marriage -- usually common law marriage involves holding oneself out as a married couple, and acting accordingly -- sometimes with joint tax returns, holding property together, etc. And even if they were married, at common law or by a judge or clergy, that does not mean that she necessarily would have inherited everything he owned as in most states the spouse gets a marital share (like the first $X) and a certain percentage of assets above that. If there was any significant amount involved, get a lawyer's advice in the area in which he died.
 

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