Probate Litigation:What’s up with James Brown’s Estate?

According to a February 4, 2018 New York Times article, the beneficiaries of James Brown’s estate have not yet received their inheritances. This is because more than a dozen lawsuits related to his estate have been filed. West Palm Beach trust lawyers know that litigation can make the probate process much longer. In this case, Brown’s estate is still unsettled over a decade after Brown died. One of the lawsuits that is currently going on in the probate court challenges whether Brown’s widow, Tommie Rae Hynie, was even his wife. What if he was not legally married to her? Brown’s estate is being probated in South Carolina. What are South Carolina’s laws regarding common law marriages? What should probate lawyers know about common law marriage and inheritances?

Palm Beach probate attorneys know that Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for twenty or fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will? You should read Florida Statute 741.211.

741.211 Common-law marriages void.—

No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.