what is going on here???

[milliken]

Jurisdiction

Iowa

in Iowa Probate case no. 06571 ESPR045664 (LINN), on 8/7/2023 the Estate Executor through his Attny filed this with the court:

ELECTION OF SPOUSE TO TAKE ELECTIVE SHARE - IC 633.236-246

The Estate Executor is a long time boyfriend (35 + years) of the deceased, but they did not: have any joint property together (real estate, savings/investments, auto's, etc.). They didn't even live together.

The deceased' will was clearly written with her surviving children to receive remaining assets. She has been divorced for over 35 years, previous husband now long dead and again, was not married to her boyfriend, the Executor...and certainly the will does not address the boyfriend as a "husband" nor leaves him any assets. For income, she did designate him to be Estate Executor.

For all these 35+ years, the deceased clearly let friends and family know that she had no intentions of marrying the long time boyfriend. Everybody is pretty shocked that now he's claiming to be some common law spouse

How can this guy claim a spousal right in this Estate?

 

[Tax Counsel]

He is likely going to claim they had a common law marriage. Iowa is among the eight states and DC that recognize common law marriage. A common law marriage is a marriage formed without the formalities of most marriages (marriage license, marriage ceremony, etc). The page I linked is to the requirements for a common law marriage in the Iowa state statutes. He'd need to prove he meets all those requirements to succeed. The fact that they did not live together will pose something of a challenge for him, but it's not impossible. The decedent's children may want to get together and consult a probate attorney to prepare for a possible fight over the common law marriage issue.