Woman Allowed To Marry Her Dead Boyfriend

[GeoGeo]

Just when you think you've heard it all. I just read that a Utah woman's case went all the way to the State Supreme Court. She won. She can marry her boyfriend.......her dead boyfriend......who has been dead for 4 years. He is now her husband.

[dewilson58]

I smell money.

[TheVillageChicken]

Well, dead people vote, so............

[kcrazorbackfan]

....and, a whole lot of dead people receive government aid. Does anything really surprise you anymore?

[2BNTV]

I smell money.

:agree:

Follow the money.

[dbussone]

Wow! That's all I can say. Wow!

[TexaninVA]

Well, dead people vote, so............

Excellent point ... since dead people are apparently eligible to vote in many areas of the country, why not marry as well?

[blueash]

And for those who are interested in the actual facts of the case, the court decision and legal reasoning are available online at
Utah Supreme Court allows woman to marry dead boyfriend (http://www.standard.net/Courts/2014/12/09/Utah-Supreme-Court-grants-woman-s-marriage-to-deceased-partner.html)

The summary is that an elderly couple had lived together as man and wife for 3 years, presenting themselves as if married. This situation complies with the not quite common law marriage law of Utah. When the man died he named his "wife" as the executor of his small estate. Because of his wife's religious beliefs (not further explained) she wished to have the common law marriage solemnized posthumously which is part of Utah law. The man had no children, the initial court approved the recognition of the marriage and then some step grandchildren and cousins contested it. It worked its way up to the Supreme Court of Utah which held that the marriage was legally entered and dealt with some complex issues of timing of appeals and notices.

Here are the rules for solemnizing a marriage without ceremony in Utah. Note the part about within one year of the death

"Many people want to get a "common law marriage." Utah does not have common law marriage; instead, you may petition the court to recognize your relationship as a marriage even though you never had a marriage ceremony. If the court approves, the man and woman will be considered to have been married ever since the following conditions have been met. The parties should be prepared to present evidence that the marriage arises out of an agreement between a man and a woman who:
•are of legal age and capable of giving consent;
•are legally capable of entering a solemnized marriage; (For example, there are no reasons, such as a close family relationship, preventing the parties from legally marrying.)
•have lived together;
•treat each other as though they are married; and
•present themselves to the public so that other people believe they are married.

The petition to have a relationship recognized as a marriage must be filed during the relationship or within one year after the relationship ends (one or both partners have died or the partners have separated). Either partner may file the petition or both partners may file the petition together. A third party, such as next of kin, may file the petition."

[Buffalo Jim]

Blueash : Thanks for the detailed explanation . Much appreciated .

[MikeV]

What!

[dbussone]

And for those who are interested in the actual facts of the case, the court decision and legal reasoning are available online at
Utah Supreme Court allows woman to marry dead boyfriend (http://www.standard.net/Courts/2014/12/09/Utah-Supreme-Court-grants-woman-s-marriage-to-deceased-partner.html)

The summary is that an elderly couple had lived together as man and wife for 3 years, presenting themselves as if married. This situation complies with the not quite common law marriage law of Utah. When the man died he named his "wife" as the executor of his small estate. Because of his wife's religious beliefs (not further explained) she wished to have the common law marriage solemnized posthumously which is part of Utah law. The man had no children, the initial court approved the recognition of the marriage and then some step grandchildren and cousins contested it. It worked its way up to the Supreme Court of Utah which held that the marriage was legally entered and dealt with some complex issues of timing of appeals and notices.

Here are the rules for solemnizing a marriage without ceremony in Utah. Note the part about within one year of the death

"Many people want to get a "common law marriage." Utah does not have common law marriage; instead, you may petition the court to recognize your relationship as a marriage even though you never had a marriage ceremony. If the court approves, the man and woman will be considered to have been married ever since the following conditions have been met. The parties should be prepared to present evidence that the marriage arises out of an agreement between a man and a woman who:
•are of legal age and capable of giving consent;
•are legally capable of entering a solemnized marriage; (For example, there are no reasons, such as a close family relationship, preventing the parties from legally marrying.)
•have lived together;
•treat each other as though they are married; and
•present themselves to the public so that other people believe they are married.

The petition to have a relationship recognized as a marriage must be filed during the relationship or within one year after the relationship ends (one or both partners have died or the partners have separated). Either partner may file the petition or both partners may file the petition together. A third party, such as next of kin, may file the petition."


I'm so happy i'm neither an attorney nor current/past resident of Utah.

[DonH57]

Talk about being ripe for a picking!!!

[tomwed]

I'll bet the honeymoon left a lot to be desired.

[manaboutown]

I understand a marriage can be annulled in some states for failure to consummate (after the marriage). With a stiff? Brrrr!!!!

Is that true in Utah?

[DougB]

I guess he was dying to marry her.

[Bonanza]

Did he say "I do?" I wonder how that went!

[GeoGeo]

Florida no longer recognizes common law marriages. I wonder if the law provides other options....besides actual marriage? And I wonder if Florida has a law whereby you can legally marry your deceased sweetheart?

[Topspinmo]

IMO it's not about the relationship, but the money that she and her lawyer will get.:eclipsee_gold_cup: If the old gentleman was dead broke I bet there would be no wedding unless she could claim his SS (social security at higher rate than her.) so as stated the smell of money. I sure hope he didn't have large estate were she could now steal it away from his family. Now if he didn't have any relative then rather see her get it than the state, but what are the odd's he didn't have brother, sister ,or cousins.

As for florida marriage laws I heard some real horror stories around here.

[rubicon]

Anyway you cut it this was "bad law"

[billethkid]

just another example of what can be deemed "lawful" as the lawyers and judges (and most politicians) use, abuse or hide behind the letter of the law......whichever makes or wins their case.

The letter of the law allows the splitting of hairs until one fits or is acceptable (enough) to be ruled legal or illegal. And of course right or wrong has little or nothing to do with the process or judgements......proof offered?....like marrying dead people!

[TNLAKEPANDA]

....and, a whole lot of dead people receive government aid. Does anything really surprise you anymore?

and now she can collect his SS money! Wow. Have to admit I do not know the facts so there must be something missing here. May be she lived with him for a long long time and they were common law? Who knows. :icon_bored:

[Topspinmo]

and now she can collect his SS money! Wow. Have to admit I do not know the facts so there must be something missing here. May be she lived with him for a long long time and they were common law? Who knows. :icon_bored:

I think it said 3 years, most states common law after 6 years. His SS could be lot higher than hers if she legally married she can claim his which may double hers. This no big deal spouse can claim other spouse even though they were divorced years ago. It don't affect the other spouse SS (in this case he's dead and it's on the SS taxpayer). I smell something more than that Like huge estate or land something worth going after especially if lawyers are involved. I just hope she not trying to steal it away form family members if he had any?

[Dr Winston O Boogie jr]

This was a technicality issue. The couple had lived together for three years and presented themselves as husband and wife. My understanding is that his estate was not large, but there were problems settling it because he named "his wife" as executor.
The courts simply allowed his wishes to be followed.

[JourneyOfLife]

The big story here would appear to be: Some Holes in the Estate Plan!


Two different parties making claims on the estate!

The woman was with the deceased for about 3 years before he passed. Her basis for her claim was common law marriage.

The other interested parties were apparently distant relatives.

[billethkid]

This was a technicality issue. The couple had lived together for three years and presented themselves as husband and wife. My understanding is that his estate was not large, but there were problems settling it because he named "his wife" as executor.
The courts simply allowed his wishes to be followed.

That makes sense and restores a little more faith in doing what is right!

[Villages PL]

And for those who are interested in the actual facts of the case, the court decision and legal reasoning are available online at
Utah Supreme Court allows woman to marry dead boyfriend (http://www.standard.net/Courts/2014/12/09/Utah-Supreme-Court-grants-woman-s-marriage-to-deceased-partner.html)

The summary is that an elderly couple had lived together as man and wife for 3 years, presenting themselves as if married. This situation complies with the not quite common law marriage law of Utah. When the man died he named his "wife" as the executor of his small estate. Because of his wife's religious beliefs (not further explained) she wished to have the common law marriage solemnized posthumously which is part of Utah law. The man had no children, the initial court approved the recognition of the marriage and then some step grandchildren and cousins contested it. It worked its way up to the Supreme Court of Utah which held that the marriage was legally entered and dealt with some complex issues of timing of appeals and notices.

Here are the rules for solemnizing a marriage without ceremony in Utah. Note the part about within one year of the death

"Many people want to get a "common law marriage." Utah does not have common law marriage; instead, you may petition the court to recognize your relationship as a marriage even though you never had a marriage ceremony. If the court approves, the man and woman will be considered to have been married ever since the following conditions have been met. The parties should be prepared to present evidence that the marriage arises out of an agreement between a man and a woman who:
•are of legal age and capable of giving consent;
•are legally capable of entering a solemnized marriage; (For example, there are no reasons, such as a close family relationship, preventing the parties from legally marrying.)
•have lived together;
•treat each other as though they are married; and
•present themselves to the public so that other people believe they are married.

The petition to have a relationship recognized as a marriage must be filed during the relationship or within one year after the relationship ends (one or both partners have died or the partners have separated). Either partner may file the petition or both partners may file the petition together. A third party, such as next of kin, may file the petition."

Thanks for posting the above information.

In my opinion the most important thing for a marriage to take place is consent. Marriage is a contract between a man and a woman who give their consent. He was capable of giving his consent when he was alive, but he didn't.

They lived together but what level of intimacy transpired during that time is anyone's guess.

They treated each other as though they were married? They presented themselves to the public so that everyone thought they were married?

What is that really worth? Remember, Bernie Ebbers presented himself to the public as being a respectable, trustworthy investor.

[Barefoot]

This was a technicality issue. The couple had lived together for three years and presented themselves as husband and wife. My understanding is that his estate was not large, but there were problems settling it because he named "his wife" as executor.
The courts simply allowed his wishes to be followed.

The headline sounds bizarre, your explanation makes sense.

[zonerboy]

I understand a marriage can be annulled in some states for failure to consummate (after the marriage). With a stiff??

As I understand it a marriage cannot be consummated without a "stiff".

[Villages PL]

Thanks for posting the above information.

In my opinion the most important thing for a marriage to take place is consent. Marriage is a contract between a man and a woman who give their consent. He was capable of giving his consent when he was alive, but he didn't.

They lived together but what level of intimacy transpired during that time is anyone's guess.

They treated each other as though they were married? They presented themselves to the public so that everyone thought they were married?

What is that really worth? Remember, Bernie Ebbers presented himself to the public as being a respectable, trustworthy investor.

The estate wasn't large enough to make it worth it but I believe if this had gone to a higher court, like the U.S. Supreme Court, the outcome might have been different.

[PaPaLarry]

Did he say "I Do?" or "I Will"

[Villages PL]

Did he say "I Do?" or "I Will"

He said, "Darn, will the nagging never end? I told her I didn't want to get married!" :)

[dbussone]

Did he say "I Do?" or "I Will"


Perhaps, I won't?[emoji318]

[Nightengale212]

IMO it's not about the relationship, but the money that she and her lawyer will get.:eclipsee_gold_cup: If the old gentleman was dead broke I bet there would be no wedding unless she could claim his SS (social security at higher rate than her.) so as stated the smell of money. I sure hope he didn't have large estate were she could now steal it away from his family. Now if he didn't have any relative then rather see her get it than the state, but what are the odd's he didn't have brother, sister ,or cousins.

As for florida marriage laws I heard some real horror stories around here.

Don't assume this woman is after her partner's money without knowing all the facts. I have a friend who was in a 10 year cohabitating relationship with a widowed man with 3 teen children. They decided not to marry because that would eliminate the widowed partner's ability to begin collecting on his late wife's SS as early as age 60 which would help the couple's plans of retiring early.

My friend moved her partner and his children into her home which she owned outright which was inherited from her late parents. Since my friend had no children of her own or close relatives she put her partner's name on the house because she wanted him to have it in the event she should die before him. Ten years into the relationship her partner died, and since he was listed as co owner to the house, after a long expensive legal battle with her partner's children my friend was forced to sell her home and hand over half the proceeds from the sale. Had common law marriage been acknowledged in my friend's state of residence, by law unless a prenup is in place for alternative asset allocation, upon the death of a spouse all assets go automatically to the surviving spouse which would have enabled my friend being a common law spouse to legally keep her home. Fortunately these greedy children who my friend put a roof over their heads and helped financially support which included their college bills could not get their hands on her other assets which are much more valuable than 1/2 the proceeds they got from the home. Had they known they were originally earmarked as heirs to my friend's entire estate she would probably be living in her home today.