Kansas City, KS asked in Estate Planning for Kansas

Q: My mother passed away recently. She did not have a will. She lived with her boyfriend of 20-plus years. I'm her only hei

Since they were not married am I legally the soul reciprocant of her estate? I am her only heir

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
Answered
  • Estate Planning Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: A single person who passes away with one child would have a single heir, the child. Kansas does recognize common law marriage. So two single people may hold themselves out to be married and by virtue of their affirmative effort to be a married couple, may become married. Common law marriage has generally fallen into disfavor in a majority of other states. You should consult with an attorney about how to handle matters of the estate and questions about whether common law marriage would be an issue.

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