Foristell, MO asked in Probate for Missouri

Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

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1 Lawyer Answer
Lloyd  Nolan
Lloyd Nolan
Answered
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to inherit from the decedent.

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