Legal Question in Wills and Trusts in Alabama
common law wife
my common law husband died and there was nothing in his name for the purpose that his children would cause problems ...so anything we bought for us was put in my name.. can his children come and take anything that is in my name?
2 Answers from Attorneys
Re: common law wife
It would be difficult for them to succeed in taking any property that is solely in your name, but they can always bring an action to attempt to do so. Whether they would succeed would depend on the specifics of the situation.
You may have an issue with them in regard to tangible personal property (such as clothes, jewelry, etc.). Those items do not have a written title, so it would be difficult to claim they were not in their father's name. You may want to offer to give them some sentimental personal items in order to maintain harmony and prevent conflict.
Re: common law wife
No. What is yours, is yours. They have no claim whatsoever to what you own any more than you have a claim to what they own.
As for things purchased jointly, that is a grayer area.
William G. Nolan
Nolan Elder Law
www.NolanElderLaw.com
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