Legal Question in Wills and Trusts in Louisiana
Will - Inheritance - Proof
My father passed away over 15 years ago and left a Will that states until my step-mother died or remarried the 5 surviving children would not be able to inherit the 80 acres of property that was to be split evenly between us. We have been told by other family members that she has married and we know she has been living with the same man for 5 years. Both are wearing wedding rings but we have to prove that they are married. Where do we start first to get a copy of the marriage license?
1 Answer from Attorneys
Proof of Marriage
Check with the Clerk of Court's office for the Parish where they were married (if you know it)--usually, in most parishes (other than Orleans), the Clerk of Court issues and keeps records of marriage licenses. In Orleans Parish, I believe there is an office in City Hall that does so. Try both the Clerk of Court and/or Town Hall/City Hall in whatever parish or town you suspect they were married in.
In LA, a requirement for marriage, in addition to a license, is that a ceremony be performed and officiated over by a qualified officiant (e.g, priest, minister, rabbi or judge). You might also check, after you find the license, with the officiant, who may also have records of marriages performed or who could also act as a witness in court should you have to litigate this issue...