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

Asked 7 months ago - 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. Brandy Ramsay

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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... more
  2. Charles James Bruen III

    Contributor Level 2

    1

    Lawyer agrees

    Answered . 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-... more
  3. Celia R Reed

    Contributor Level 20

    Answered . 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-... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,221 answers this week

2,804 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,221 answers this week

2,804 attorneys answering