Legal Question in Wills and Trusts in Georgia

Common Law wife and Years Support

My father in law passed away 3 years ago and he lived with a lady off and on for a few years. He left a will leaving everything to my husband. Well the lady he lived with has filed a years support petition for a surviving spouse . She never used his last name and the only thing she has is a deposition where he stated when he was in an accident that his wife takes care of him. What does she have to have to prove she is married since they were never really married? How long can this stay tied up in court? They also had 2 different addresses. How can we speed this up so it can be setteled?


Asked on 4/20/04, 4:32 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Common Law wife and Years Support

Her petition for year's support will probably be denied. However, you need to consult with a local attorney who can review all the documents and investigate the facts.

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Answered on 4/20/04, 6:31 pm
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Common Law wife and Years Support

You are getting into a very fact sensitive area here. The only way for you to obtain competent advice is to spend some time with an attorney answering a lot of questions so he or she can evaluate your situtation. There is no "silver bullet" here which will quickly solve your problem.

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Answered on 4/20/04, 5:31 pm


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