Legal Question in Wills and Trusts in Alabama
rights of common law wife after death
a man and woman living in a common law marriage, the man dies and leaves all possession to his parent, that parent dies and all possessions then pass to his wife, the man's mother, where does the common law wife stand? e.g. a house which the couple lived in is now in possession of the parent. Must the common law wife vacate the premises if the parent wants her to?
1 Answer from Attorneys
Re: rights of common law wife after death
A spouse cannot be disinherited under Alabama law. A surviving spouse is entitled to 1/3 of the augmented estate of the deceased and unless they have waived that right through a contract like a prenup, no one can deprive her of her 1/3 share. You need to consult a local attorney though as soon as possible if you want to enforce that right. You only have a limited time in which to do so.
William G. Nolan
Nolan Elder Law
Birmingham, AL
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