Legal Question in Wills and Trusts in Pennsylvania

Father

Does PA recognize a common law marriage? If yes, would a common law marriage over ride a Will in any way? My father was ''Forced'' to write a will. I am the executrix but he gave rights to his girlfriend to live there until death. This property also has a detached business on it. What rights do I really have?


Asked on 10/08/08, 3:23 pm

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Re: Father

Pennsylvania's Commonwealth Court has ruled that after January 1, 2005 no new common law marriages will be recognized. Common law marriages entered into before that date may still be valid. Though the proponent would have to prove that a common law marriage existed.

There are 3 grounds to challenge a will, fraud, undue influence and duress. The last would be the grounds you would be challenging the will.

Challenging a will is neither easy nor inexpensive.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 10/08/08, 3:43 pm
John Whalen John B. Whalen, Jr, J.D., LL.M.

Re: Father

Hi

Common Law Marriage was abolished in PA on 1/1/2005. However, there is much more to it than that. Please feel free to read my article on it on my website ... www(dot)johnbwhalenjr(dot)com ... and call me with any questions you may have.

TY

John

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Answered on 10/08/08, 3:44 pm


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