Waynesville, NC asked in Probate for North Carolina

Q: I live in nc. Common law is in effect so why did I not receive the property I was supposed to when my husband died

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: If you live in NC, there is no common law marriage here. In order for a common law marriage to be recognized, you would have had to enter into a valid common law marriage in another state.

Since there is no common law marriage, you would not be entitled to inherit anything as a spouse. If there was a will then your paramour could have left property to you in a will. I am guessing that he chose not to make a will, in which case you would be entitled to zilch/nada/nothing under the state intestacy laws. Sorry, but that is the way the law reads.

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