Legal Question in Family Law in South Carolina
Ex-Common Law
My 3 Children lost their father on 6/6/03. No will. The ex girlfriend is claiming common law, but left him 5 or 6 yrs. ago and is seeing another man. Her name is on none of the property. She has continually called the children with her threats of what she can do and what is hers. She has produced no receipts and says she is filing a civil suit against the estate next week. How do the courts usually judge this type situation? Thanks, [email protected]
1 Answer from Attorneys
Re: Ex-Common Law
If your children are heirs under a will or according to the statute of intestate succession, it would seem that they would be protected in the probate courts of South Carolina. You may notify the court which is handeling the estate probate to give you notice of all proceedings. (I am assuming that the estate is now in probate and that you are not the personal representative.) They will insure you are provided information as to the action in the estate.
Without additional details, I am unable to give you any further information.
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