Legal Question in Wills and Trusts in Colorado
No Will - Laws for �Common-law�- Spouse
The man whom I had been living with for, approximately, the last 3 years very recently died. He never executed any kind of Will before his death.
He has three adult children, and a father whom is also still living.
I would like to know what the spouse of a common-law marriage, in this case, must legally do in order to; be declared the Administer/Executor of the Estate, or, legally inherit what I, personally, think I am entitled to?
Thank you, and I cannot express to you how much any response/any answers to my questions will be appreciated by me.
1 Answer from Attorneys
Re: No Will - Laws for �Common-law�- Spouse
You would need to open a special type of probate estate called an "intestacy proceeding." Colorado law will determine who inherits his estate. However, be aware that you are not necessarily a common law wife of the decedent, simply because you lived together. There are specific requirements of proof to establish a common law marriage. I would suggest that you meet with an Elder Law attorney to discuss your case in greater detail.
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