common law marriages

north carolina: my aunt's fiance recently passed away
they had been living together for six years and he had been
helping to raise my cousin, he left everything to my aunt
and although his family has acknowledeged her as being his
"wife" now they want the money saying that she is not legally
entitled to it. He had papers drawed up to leave everything
to her but did not get a chance to sign it before he died.
What can we do, my aunt is really upset because she's
been taking care of his funeral and etc. please help.

kena said:

north carolina: my aunt's fiance recently passed away
they had been living together for six years and he had been
helping to raise my cousin, he left everything to my aunt
and although his family has acknowledeged her as being his
"wife" now they want the money saying that she is not legally
entitled to it. He had papers drawed up to leave everything
to her but did not get a chance to sign it before he died.
What can we do, my aunt is really upset because she's
been taking care of his funeral and etc. please help.

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My response:

North Carolina does not recognize "common law" marriage. Since your aunt's fiance failed to sign his Will, his family is correct. Nothing goes to your aunt - - unless any such items are already in her name.

IAAL