If my husband dies before the divorce is final do I get all his proceedings in his assets and his land and his house

Question

They were together for 25 years common law married and they legally got married and were together for 7 years I believe and then they were gay men one had inheritance the other one had not been able to work cuz he wouldn't let him there was domestic violence involved and he has assets and savings bonds and property and the sister of the husband that passed away is trying to get her hands on it but they're still married but he's widowed because he's dead what do you recommend me to tell my father

John Michael Frick · Answer

It depends on whether your husband names you as his sole heir in his last will and testament, whether he has any children, and whether any of the property he owns at the time of his death is his separate property.   
 
If you are named in his will as his sole heir and he does not have any minor children, you likely will inherit any assets passing through his estate. 
 
If he does not have a will and does have children (or descendants of children), his surviving children or surviving descendants of his children who died before him will likely inherit part of his estate. 
 
Of course, certain property can pass outside of his estate to named beneficiaries, particularly assets like life insurance, bank accounts, retirement accounts, and the like. 
 
Note that there are certain issues with having a ceremonial marriage during a pre-existing common-law marriage.  This creates a complicated fact situation if any party challenges the existence of the common-law marriage.

Q: If my husband dies before the divorce is final do I get all his proceedings in his assets and his land and his house