Legal Question in Wills and Trusts in Florida

Re: Rights of ex-common law spouse to joint bank account upon death

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Re: Rights of ex-common law spouse to joint bank account upon death

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First, I am not sure that there was ever a legal marriage. Most states outlawed common law marriages many years ago although quick research indicates that Colorado may still recognize them if you can prove cohabitation and that the couple held themselves out to be married. I do not know what ends the common law marriage, however, or if a formal divorce is required.

Regardless, since the common law husband added the name of his biological daughter to his bank account, she would normally be the owner of the account upon his death. You may have some rights to the monies by challenging the daughter, but you would have to file suit and have a court determine your rights, if any.

Scott R. Jay, Esq.