Legal Question in Family Law in District of Columbia

When a parent dies and their only adult child had been adopted as a child, would that child still be considered next of kin over a common law wife of 6 years in DC?


Asked on 10/09/10, 8:04 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The District of Columbia is one of few "states" in the U.S. that still recognizes common law marriage. However, common law marriage is not as easy to establish in a court of law as one might think. It is not enough to just live together (even for 6 years!). The couple must do a bunch things that signify that they are really married, not just live together. For instance, the couple must hold themselves out to the public as being married. They must also have an intention of being married.

IF your father's companion can prove that a common law marriage existed, she will be the next of kin. If you father's companion cannot prove that a common law marriage existed, the fact that you are adopted will not matter. If you are the only surviving child, you are the next of kin. In the eyes of the law, you are just as much your father's child via adoption as you would be had you been the biological child.

I recommend that you hire a DC estates and trusts attorney who can consult with you regarding the specific facts of your case and discuss your options with you.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

Best of luck.*****The above i

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Answered on 10/15/10, 5:08 am


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