Alan B.

Business Attorney
Member Since: November 25, 2023
Tulsa, OK

Alan B. is now available for hire

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2 Questions Answered / 2 Recent Answers
March 20, 2024
A: Once a common law marriage is recognized, your legal entitlements mirror those of any legally married spouse. However, you must assert and demonstrate your common law marriage by clear and convincing evidence. Based on the details provided, this evidence might include, but is not limited to, cohabitation, joint ownership of vehicles and travel trailers, a long-term and exclusive relationship, and presenting yourselves publicly as husband and wife. In summary, under Oklahoma law, a common law marriage affords you the same rights as a traditionally married spouse, provided that you can substantiate your claim with clear and convincing evidence. As to what you would be entitled to, should you find yourself excluded from the will (as it appears you were), it would be within your rights to petition for the reopening of the probate process to claim your spousal share. If there was property outside of the will that needs to distributed, that may also need to be submitted for probate. Keep in mind that entitlements and the process to claim them can vary significantly based on the specifics of each case. Determinations on how to proceed are always fact-specific, and an Oklahoma lawyer specializing in family and estate law can assist you in getting what you would be entitled to as a common law spouse.
December 26, 2023
A: Your settlement could be limited to claims in the past. It’s effect on future claims will depend on: 1) the limiting language in the settlement agreement, and 2) the nature of the future claim (i.e., whether any part of the claim covered by settlement agreement language).