Legal Question in Wills and Trusts in Georgia

Only child, common law wife

My father inlaw died 3 years ago and he lived with a lady but was never married they never used the same last names and never used the same address or anything. He left a will leaving everything to my husband but now she has it all tied up. She has one document where he was in an accident and he said under oath his wife took care of him after an accident he had. Will this hold up in court and who determines if they were common law married or not?


Asked on 3/29/04, 11:55 am

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Only child, common law wife

I'm not sure I'm following you. If he had a Will it doesn't matter if she's his wife or not if he left everything to your husband. You should get an attorney to help you and this can become very messy. Whether something will hold up in court is not black and white. There are a lot of factors involved, including whether it goes before a Judge or a Jury.

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Answered on 3/29/04, 12:19 pm


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