Does a Common Law Spouse Get the Same Probate Rights? Does West Palm Beach Florida Recognize Common Law Marriage?

Florida does not use common law marriages anymore but does  recognize them from other states and countries sometimes. So does a common law or informal marriage offer you any probate rights in West Palm Beach? This is a complicated matter that you should discuss with an experienced probate law firm before you move forward. Failure to make the right moves could spell disaster in the probate court. Check out this recent appeal from Texas to learn why. 

Informal Marriage

• What is an informal marriage?
• This may also be referred to as a common law marriage.
• Basically the idea is if you are holding yourself out as a married couple you may be entitled to some of the benefits of a marriage.
• This could include tax and or probate benefits.
• The problem is Florida does not use common law marriages anymore.
• Even though Florida does not have its own common law marriage rules and/or statute it recognizes something known as reciprocity. 
• What that basically means is that Florida will recognize a common law marriage that was created in another state.
• That being said more and more states are abolishing their rules on common law marriage as well.
• The last day to enter into a common law marriage in Florida was January 1, 1968.
• Do common law spouses have the same probate rights as those who were formally married?

Estate of Knight

• This was an appeal from a probate court in Texas.
• A man’s brother petitioned the Court to allow him to probate the will and the man’s long time girlfriend objected.
• She claimed to have probate rights as an informal spouse.
• The Court never directly addressed these concerns but allowed the probate of the estate to move forward as the brother had followed the procedural steps.
• The question then becomes would a common law or informal spouse have a right to anelective share of the spouse’s estate?
• These are rare and complicated issues that should be discussed with an experienced probate firm in West Palm Beach.

Want to learn more about this interesting case or “informal marriages?”

Check out the entire case by clicking here.

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