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My brother died in december 2013. Girlfriend now trying to state they were married

Phoenix, AZ |

Brother died under suspicious circumstances - cause of death has still not been determined. Mother received certified letter on 3/8 stating we must have proof of no marriage by 3/21. How does one proceed? There was no marriage license at the time of his death 12/8/13 - Supposedly married on 11/17. How would it even be possible for her to obtain a marriage license now?

Attorney Answers 3


  1. I do not know how your Mother is supposed to "prove" a negative... that is, the non-existance of a marriage. Rather, it makes more sense the other way around- that the girlfriend should have to prove a marriage. Quite frankly, if she cannot produce a legitimate Marriage License, then she cannot prove it. Also, note that there is no common law marriage in Arizona, so she cannot make this claim. I do not know who your Mother received the letter from or what the girlfriend exactly is trying to do, but you may want to seek advice from a probate attorney.

    I suggest that you seek the assistance of an experienced family law attorney to help you with your family law matter. Many law firms, including the Sampair Group, offer free initial consultations. Good luck! Brandy Ramsay, Esq. The Sampair Group, PLLC Offices Valley-Wide: Glendale/Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ Surprise: 15270 West Brookside Lane, Suite 121 Surprise, AZ 85374 Mesa: 1830 S. Alma School #114, Mesa, AZ West Valley: 623.218.1000 Phoenix: 602.997.7717 East Valley: 480.636.1333 IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.


  2. I agree with attorney Ramsay's response. As the ex-girlfriend probably has access to your brother's assets, which she is not entitled to keep, it is prudent to consult with a probate attorney as soon as possible. Depending on the size of the estate, you will be advised what type of action needs to be taken to regain control of your brother's assets.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. I agree with the previous response. I don't know how you'd be required to prove that no marriage existed. This should be something handled by an attorney who handles probate matters.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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