Legal Question in Wills and Trusts in Florida

I just lost my "husband" of 14 years - we have 2 boys together; 11 and 13. I mistakenly thought we were recognized as "Common Law" husband and wife and singed papers at the funeral home. I have to go to SS and am so concerned that my misunderstanding will have legal ramifications. What can you tell me?


Asked on 10/25/10, 2:43 pm

1 Answer from Attorneys

Unfortunately Florida has not recognized common law marriages since 1957. However, if you were a common law marriage from another state that recognized it, and then moved to Florida, you may be able to make a case.

Your children may be entitled to benefits even if you aren't.

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Answered on 10/30/10, 4:47 pm


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