My question involves estate proceedings in the state of: Alabama
My father recently passed. He has two children, my sister and I. He had a "wife". They married in 2002 then divorced in 2003 so she could collect on her previous husbands benefits. They continued living together until his death and referred to each other as spouse. I assume they were considered married by common law.
When he died there was no will. The only document found was a pre-nup agreement drafted in 2002 before their marriage. It said that all property held before the marriage (2 houses and 16 acres of land) should go his children upon termination of their marriage. It also stipulated that the wife would be allowed to live in one of the houses until her death at no cost to her - meaning that she would not be responsible for the mortgage, taxes, or insurance.
I am meeting with an attorney next week but was hoping for some insight before the meeting.
Does this pre-nup carry any weight legally or is it irrelevant since they legally divorced years ago? Is the "wife" entitled to his property or will it go to the children? Can he leave the house to his children with the stipulation that his wife can live there until she dies?
Any insight would be helpful.
Ben
My father recently passed. He has two children, my sister and I. He had a "wife". They married in 2002 then divorced in 2003 so she could collect on her previous husbands benefits. They continued living together until his death and referred to each other as spouse. I assume they were considered married by common law.
When he died there was no will. The only document found was a pre-nup agreement drafted in 2002 before their marriage. It said that all property held before the marriage (2 houses and 16 acres of land) should go his children upon termination of their marriage. It also stipulated that the wife would be allowed to live in one of the houses until her death at no cost to her - meaning that she would not be responsible for the mortgage, taxes, or insurance.
I am meeting with an attorney next week but was hoping for some insight before the meeting.
Does this pre-nup carry any weight legally or is it irrelevant since they legally divorced years ago? Is the "wife" entitled to his property or will it go to the children? Can he leave the house to his children with the stipulation that his wife can live there until she dies?
Any insight would be helpful.
Ben
Heirs and Beneficiaries: Dad Passed with No Will - Children Versus Common Law Wife
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