In estate litigation, the Court is often asked to determine whether or not a plaintiff was the “spouse” of the deceased. We often refer to this as the “threshold question”, because being recognized as a “spouse” typically allows the plaintiff a greater claim on the estate. While the status of a legally married spouse is usually easier to determine, WESA and other estate related law includes in the definition of “spouse” someone who has lived with the deceased in a “marriage-like relationship” for at least two years.
“Marriage-like relationships” come in many different forms. Our Courts are clear that there is no set one set of criteria to be met, but rather, many possible indicators. The bottom line is that each couple’s spousal status must be reviewed in the context of their own unique facts.
Connect with ILN
Firm of the Month
ILN Members Twitter Feed