My common law husband died 2+ weeks ago. We lived in a house that is in his name for over 10 years. He did not have a

Expert's Assistant chat
Customer: My common law husband died 2+ weeks ago. We lived in a house that is in his name for over 10 years. He did not have a will or anything with my name on it. I do have a vehicle and a license that has my address as***** Myrtle Beach, SC. His sister said she will put it in probate but she hasnt. Noone has contacted me about anything. They are trying to deny I exist.
JA: What documents or supporting evidence do you have?
Customer: I was going through our papers and didnt find anything as you yet...........then, his son broke into my house and stole that file box along with the paperwork and keys for our golf cart, and the golf cart itself. I changed the locks and filed a police report. Basically, my bank information and vehicle information and license all have my name with our address on it.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: His son barely spoke to him after a fight over 3 years ago and his sister was only in touch because their father got sick and died. Barry was disabled colleting SSI until he recently turned 67 and collects SSI.
Answered by EvanG329 in 5 mins 2 months ago
imglogo
EvanG329
10+ years of experience
logo

7102 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
EvanG329
10+ years of experience
logo

7102 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

EvanG329, Expert

Thanks for using Just Answer. My name is ***** ***** I will be answering your question.
img

EvanG329, Expert

My condolences.
img

EvanG329, Expert

What state was he a resident of?
Customer
SC
img

EvanG329, Expert

Unfortunately common law marriage is no longer recognized in South Carolina.
Customer
SC
img

EvanG329, Expert

You would not have any legal right to his assets or benefits.
img

EvanG329, Expert

His sister can voluntarily give you the assets, but that would be her choice
Customer
That pretty much does it then. right? Can I take my stuff out of the house? Nobody has even contacted me yet.
img

EvanG329, Expert

You can collect your personal belongings.
img

EvanG329, Expert

You can arrange it with whomever currently has possession of the house.
Customer
Is there any time frame they have to evict me?
img

EvanG329, Expert

No. Would be on them to decide
Customer
nothing has been filed, so noone has possession of the house
img

EvanG329, Expert

To ask you to leave or file for formal eviction
Customer
They can do that before they have possession of anything?
Customer
I'm going to be cliché but isn't possession 9/10ths of the law?
Customer
are you done replying?
img

EvanG329, Expert

Correct. They would have to open the estate first to do a formal eviction
img

EvanG329, Expert

A personal representative would have to be appointed by the court to move forward
Customer
Thank you very much
img

EvanG329, Expert

Thanks for using Just Answer.
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer