Keep the petition going! I’m working on a statement to gain a sponsor. Here it is!
It’s been almost 7 months since I lost my Mom. She was my best friend. On good days, it’s hard to breathe from the constricting feeling of a heart left shattered. When people ask me how I am, my usual response is, “Well, my Mom’s boyfriend is trying to marry my dead Mother to get half of her estate because apparently that’s legal in Utah, how’s your day?” The typical response is, “That’s the most ridiculous thing I’ve ever heard. You’re kidding right?” I say, “Nope, not kidding. Despite the fact that my Mom was avid when she was alive that she would never again get married, it’s possible for the court to be petitioned and subsequently force her into a marriage when she’s not here to voice her dissent.” With a shocked face, “Doesn’t that violate her rights? Her free will to live her life the way she wanted to as an unmarried woman?” I’m asked. “It sounds like it does, doesn’t it?” They often reply, “Remind me to never move to Utah.”
I then start to explain how we’ve already spent $8,000 in attorney’s fees to defend my Mom’s honor and we haven’t even seen the inside of a courtroom yet. I’m told this journey is months long.. and will undoubtably climb into the tens of thousands of dollars in fees. Despite the fact that we have a Will stating she’s an unmarried woman leaving him nothing, they never filed joint tax returns, she never added him to any of her accounts, never took his last name, never added him to any of her properties, never wore a ring, and took every opportunity to tell people she never wanted to be married again; we have to fight for her, we have to spend the money, and still there may be a chance he could win. I’ve learned most unfortunately, the lengths people are willing to go, and that the depths of their depravity know no bounds when money is involved. All the horror of my current reality that has nearly ripped my family apart, is enabled by “Statue 30-1-4.5 Validity of marriage not solemnized,” Utah’s ‘common law marriage’ statute that we’ve learned is applicable even in death.
Recently other states, like Alabama have already taken action to repeal its own archaic common law marriage statue. They are citing ambiguity in the law causing court fights, confusion and a drain on the judicial system. Ultimately rendering, the law obsolete because of how easily and open it is to get married. Effective January, 1st 2017, you’re either married or you’re not. Period.
It’s time for Utah to follow this precedent regarding “Statue 30-1-4.5 Validity of marriage not solemnized” that is outdated and doing more harm than good. The law that allows someone to marry a dead person for financial gain. One that advertises this very benefit in guidance for the statue on the UT Courts website. “Reasons to have Your Past Relationship Recognized as a Marriage: to claim damages in a wrongful death action, to claim insurance benefits, retirement benefits, survivor benefits, or public benefits, or to inherit property.” (Ref. https://www.utcourts.gov/howto/marriage/commonlaw/ This essentially dangles a carrot in front of opportunists who could not gain access to their partner’s assets in life. The reality is, if their deceased partner wanted to be married, then they should have flashed their IDs down at their local courthouse and walked away married for $50.