How long do you wait for probate after a death if there is no will?
flawless1212 asked:
My mom lived with a man for 12 years and he died( they were common law) The house was in her boyfriends name and my mom helped him pay taxes on it and helped him get homestead for it. She used his last name the entire time they were together and helped him pay for alot of repairs to the house and for some of the things in it.
She had his last name on her drivers license and her social security card as well. Her boyfriend died over 6 years ago and it is still wrapped up in probate court. She lived in the house over 12 years with him and he called her his wife.
Buffy Odegard
My mom lived with a man for 12 years and he died( they were common law) The house was in her boyfriends name and my mom helped him pay taxes on it and helped him get homestead for it. She used his last name the entire time they were together and helped him pay for alot of repairs to the house and for some of the things in it.
She had his last name on her drivers license and her social security card as well. Her boyfriend died over 6 years ago and it is still wrapped up in probate court. She lived in the house over 12 years with him and he called her his wife.
Buffy Odegard
Depends if it is a common law state you live in or they. A lawyer will ususally tell you without charging for one simple question. Find one who does wills, probates, etc.
Even though your mom did all those things I don’t think she is entitled to anything unless there was a will. Otherwise if he had children it would go to probate and be split between them. I don’t think she had any right to use his last name though. I think that would be against the law unless she legally had his last name. Now if they were really married that would be another story. If you think she is entitled to any of his properties though, you should probably hire an attorney.
Everything’s different by state. But then, everything’s very different when it comes to inheritance. Perhaps common-law spouses don’t inherit, only blood kin, if there is no will.
First Step–get down to the county courthouse where the deceased lived, whatever county that is.
You or your Mom must hire a lawyer that knows about estates/probate. Go to the Probate Judge’s offices at the county courthouse, and ask for names and numbers of lawyers they recommend with this specialty.
Go see them, and take all the paperwork you have—they will know what the situation is. You will have to pay them for their advice/counsel, and it isn’t cheap.
Also try to find out if the boyfriend had any relatives of any kind–cousins, nephews, etc. Often, if there is no will, the estate will be divided equally among all the relatives the court can possibly find, no matter what state they live in.
But your estate lawyer will know the technicalities, and what is correct in your state.
If she lived in a common law state and can prove that he considered her his wife then she would be entitled to 50% of his estate. The other 50% would go to any children he had prior to his time with your mom. If there are no children then your mom would stand to inherit his estate in full. His parents or siblings could make a claim to a portion of his estate by law.
I don’t know that it would have been possible for your mom to have his name on her SSI or DL as a valid marriage certificate is required to change those, but it is possible that she used his name in other areas.
Since it has been 6 years, I would imagine that the probate court is still trying to locate his heirs at law, or one of his natural heirs is fighting for a larger share of his estate.
Your mother should have long ago filed as a interested party in the probate court and done what is required by that state to establish her place as an heir at law. Tell her to see an attorney for assistance with this as soon as possible.