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common law wife cared for terminal husband for 7 yrs died without will

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teaormilk

Guest
What is the name of your state? Alabama , So much to say first I
thank you for you ear havent had to much of that lately. My husband had a terminal illness I would sleep in the hospital rooms on our five day benges thats what he would call them or hw would say he just need to get a tune up. I"m 30 something he barely 40 something. very much in love I wear his ring from proposal but because of his pulmonary illness and 24hr oxygen and wheelchair use at home we didnt or he couldnt leave the house. I did everything required and obligated as a wife and he took care of me. He had a very good income from his disability. In fact he received a lump sum back pay which was put in a savings account.Just to take you back a little when he was told of he limited life he moved to alabama where all his family is to be closer. I originally stay ed behind to finish other obligations while his family took on the responsiblity of care which required the use of bed side commodes and urinals and various daily personal care they were overwelmed he was hurt and betrayed due to some ther misconduct going on concerning his property used his eldest sister as a joint bank account holder temporarily I was still in the other state completing business and scheduled to join shortly. Your probably getting the picture now, when I joined he already had a house we were renting and purchased a new car mind you he didnt do the driving I did. Excitted about living back together again. Seven months later he died suddenly at home I tried cpr it worked momentarily until the paramedics arrived and he only lived a few days after. The family had no love or support for me immediately started taking possessions and the eldest possessed the savings account book. Never signed for anything since i arrived to town nor deposited anything my husband wanted her off and because of health never got around to it .this is not that simple as it sounds this just one aspect to several harmful ungrateful acts to follow I was evicted for our home on month later because of no income to pay bills I can prove bank statements and deposits but I may be wrong but dont I have a life interest in property that is in his name? We were to be married we called each other husband and wife slept together foe 7yrs til death do we part. I heard of something called a gifted portion concerning joint accounts is this the samething. What about my right to lifestyle or just to live my husband and I had a agreement. You always think you have tommorrow I'm here to tell you its not promised to noone. take care of your business .My devotion to my husband because we were common law and he died intestant may still leave you more alone than ever. Thank You for your time..
 


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ShaClark

Guest
questionable common law

The state of Alabama has no legal common law.However if you or he did not live in Alabama the last 6 months of his life you could possibly be reconized as common law wife from your previous residence.Hoever in the state of Alabama
if you can get a favorable judge he could possibly reconize the marital status of another state as you have proof that you carried his last name.If you can say what city and couty in Alabama I might can help with a few names
 
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ShaClark

Guest
where my info came from

Local attorney who handled my divorce in Alabama states unless there is a child then common law is not reconized otherwise .My marriage now would have been null and void.There was a live in relationship before
 

I AM ALWAYS LIABLE

Senior Member
Re: where my info came from

ShaClark said:
Local attorney who handled my divorce in Alabama states unless there is a child then common law is not reconized otherwise .My marriage now would have been null and void.There was a live in relationship before

My response:

Well, I don't know about your "marriage", and I don't know where your "attorney" is getting his/her information, but here's the Alabama law concerning "Common Law" marriage - -

"A valid common law marriage exists in AL when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation."

Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82 (Ala.Civ.App. 1981).

So, it appears that "Common Law" marriages DO exist in AL, and it further appears that our writer was "Common Law" married. Further, the law DOES NOT state that there must be a "child" born to the "Union" for a Common Law marriage to exist.

I think your "attorney" was giving you incorrect information. Do some research on the law - - e.g., read the cases I have cited to you, above.

IAAL
 

lwpat

Senior Member
I noticed that you are now in Atlanta. You also fail to mention if
probate has been started. You need to contact an estate attorney in the county in Alabama and have him check the probate court to see if anything has been filed.

Once he checks with the court he can advise you on how to proceed. You also need to provide him with all the information on the disability payments your husband was receiving. There may be some benefits available to the surviving spouse.

Hint: Do not use the same attorney as ShaClark
 
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ShaClark

Guest
I agree

I have found out in certain Alabama places the attorneys and the judge along with da make their own rules.I know this snds strange but now my daughter s in kinda strange circumstance as they same county say unless residence of 6 months is established in Alabama then they carry no Al residency.Can you tell me if this is correct?By the way the common law that they did not reconize cost me
almost 45 thousand.So yes I lost alot.
 
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teaormilk

Guest
Thank you for your response concerning my "common law" late husband

yes probate has started this week i see. also wanted to see what you thought of the joint account situation being that it was known prior the monies in account was not to be touched by jointee does the "gift portion" stand for bank situations? In conjuction with probate can the common law situation be determined at the same time? how does that work or does one take longer than the other? Thank you again I think you guys opinions and advice is fabulous thanks for taking the time out.
 
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teaormilk

Guest
Re: Shaclark

The city in Alabama is mobile. I'm sorry to hear of your situation Sha clark. We did not have children together. he had a stepson. In probate court is it all partee's speaking to the judge about what we think we should get or is it a bunch of mud slingging and proving why you should be included? Also what if there was a sibling my husband totally did not get along with because of previous deceit and deception and would not have included them in his will anyway if he had one? Thanks again
 
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ShaClark

Guest
probate no will

Mobile is a place there are some very good attorneys.since there was no will the probate judge will decide who the appointed executor is.You still have the mainstay that you were common law from previous state and ask Alabama for resiposity acknowledgement.Either way because he was intestate the state will make the distribution split.Sorry hard feelings with sibligs doesnt really count when nothing is on paper.However what I would try and this is just a shot inthe dark submit a caregivers wage request from the estate if nothing else.Make it large enought to suit your needs and just small enough to make your point.After all live in help is not cheap.Their are sure enough knowledge of this situation to substantiate the caregivers bill.I think it is heaper to have a wife than a live in caregiver.long shot but might be easier and cheaper.All the probate could do would be disallow it.Also siblings may claim she wasnt his caregiver .She fulfilled duties o wife.Then you have their own hangmans noose.just a thought
 

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