Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan

1. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan

2. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan In February 2015, an Iowa grandmother named Christine passed away at a hospital in Des Moines. According to her obituary, Christine was survived by two children, two grandchildren, one great-grandchild and "her husband of 23 years, Mike." Like a lot of people (too many, to be truthful,) Christine died with no estate plan in place. That meant that Christine's estate would go through Iowa's probate system and be distributed according to Iowa's intestacy laws. Legacy Assurance Plan Of America

3. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan Christine's daughter asked the probate court to name her as the administrator of her mother's estate.  In her court papers, the daughter asserted that she and her brother were Christine's only heirs at law. Sometime after that, Mike entered the case. He asked  the court to remove the daughter. The daughter fought against this removal, arguing that Mike had no legal standing to ask the court to do anything in Christine's estate.  Legacy Assurance Plan Of America

4. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan The probate court ruled for the daughter, concluding that Mike had not proven that he qualified as Christine's common-law husband. Mike appealed but, during the appeal process, he surrendered the argument that he and Christine were common-law spouses. Without possibly qualifying as Christine's common-law spouse, Mike was what's called a "legal stranger" to Christine and not entitled to request the daughter's removal and not entitled to receive anything from Christine's estate. Legacy Assurance Plan Of America

5. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan Several states have passed laws eliminating the recognition of common-law marriage within their borders, but Iowa isn't one of them. In Iowa, a common-law marriage occurs when two people agree that they are married, cohabitate continuously as partners, and act like a married couple in public. If Mike met all of the legal standards for a common-law spouse in Iowa, then he potentially was Christine's legal husband and entitled a full spousal share under the intestacy laws.  Legacy Assurance Plan Of America

6. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan This protracted litigation points several different ways that intestacy can be problematic and reasons why you need an estate plan. First, Christine's lack of a plan either frustrated her goals or else needlessly cost her family time, money and stress. Perhaps Mike was a trusted and beloved partner to Christine for many, many years. If that were true, it seems possible that Christine might want to remember him in her estate. By creating neither a will or trust, Christine ended up leaving Mike nothing. Legacy Assurance Plan Of America

7. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan A second reason is specific to states, like Iowa, that recognize common-law marriage. If you have a committed partner whom you've never married, and live in a state that recognizes common-law marriages, it is important to realize that your partner might possibly qualify as your common-law spouse. If that's true, then your partner may have certain spousal rights regarding your estate.  Legacy Assurance Plan Of America

8. Legacy Assurance Plan Of America - Common Law Marriage and Your Estate Plan An experienced estate planning attorney can help you understand what your rights and obligations are, and develop an estate plan that meshes these obligations with your estate planning goals.      Legacy Assurance Plan Of America

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