Majority: Court Erred In Denying Petition Seeking Omitted Spouse’s Share Of Estate

Mealey's (August 9, 2018, 8:05 AM EDT) -- MONTGOMERY, Ala. — A majority of the Alabama Supreme Court on July 27 found that a lower court erred in ruling that an alleged common-law surviving spouse’s petition seeking an omitted spouse's share of a decedent’s estate was time-barred, further finding that there is conflicted evidence regarding whether a common-law marriage existed (Charlotte Harbin v. Glenn E. Estess, Jr., et al., No. 1170209, Ala. Sup., 2018 Ala. LEXIS 72)....

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