Legal Question in Wills and Trusts in Colorado

No Will - Laws for �Common-law�- Spouse

The man whom I had been living with for, approximately, the last 3 years very recently died. He never executed any kind of Will before his death.

He has three adult children, and a father whom is also still living.

I would like to know what the spouse of a common-law marriage, in this case, must legally do in order to; be declared the Administer/Executor of the Estate, or, legally inherit what I, personally, think I am entitled to?

Thank you, and I cannot express to you how much any response/any answers to my questions will be appreciated by me.


Asked on 4/22/06, 10:06 pm

1 Answer from Attorneys

John Campbell Law Offices of John J. Campbell, P.C.

Re: No Will - Laws for �Common-law�- Spouse

You would need to open a special type of probate estate called an "intestacy proceeding." Colorado law will determine who inherits his estate. However, be aware that you are not necessarily a common law wife of the decedent, simply because you lived together. There are specific requirements of proof to establish a common law marriage. I would suggest that you meet with an Elder Law attorney to discuss your case in greater detail.

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Answered on 4/24/06, 10:39 am


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