Secret Marriage Could Be Voided After Death

Before Nancy Ellen Laubenheimer died in 2009, boyfriendJoseph McLeod checked her out of her nursing home to obtain a marriage licenseand get married at the courthouse, unbeknownst to family, friends, or thenursing home.

Now, McLeod is petitioning for administration of her estateand appointment as personal representative, arguing her 1999 will leaving herestate to her stepchildren is invalid. The stepchildren are petitioning the same, arguing McLeod has no rightsbecause his marriage is invalid.

A Wisconsin trial court sided with McLeod, finding annulmentwas the only way to void the marriage, which isn’t possible after a spouse hasdied.  On certification from an appellatecourt, the Wisconsin Supreme Court found the marriage can be voided if it was prohibitedby law, but declined to rule on the marriage’s validity.  The supreme court did rule the trial courthas jurisdiction and the marriage will be presumed valid, with the burden onthe stepchildren to prove it’s void by clear and convincing evidence.

See Jeff D.Gorman, Stepmom’s Marriage May Be VoidedAfter Death, Courthouse News Service, July 18, 2013.