In re ESTATE OF HUNSAKER 968 P.2d 281 (1998) CASE BRIEF

In re ESTATE OF HUNSAKER

968 P.2d 281 (1998)

NATURE OF THE CASE: Anne Barnett (W) sought review of a judgment that she was not the common-law wife of the decedent and was therefore not an heir to his estate. Hunsaker (B), brother, sought review of a determination that the decedent died intestate.

FACTS: Maurice and W met at a restaurant where W worked as a waitress. W was married to Raymond. Maurice and W became close friends. W was divorced. W moved into a mobile home that Maurice bought for her. On Christmas Day, Maurice gave her an engagement ring along with a matching wedding band and asked her to marry him. W wore the engagement ring at times, but she did not wear the wedding band. W did not wear the band as she believed you had to have a formal wedding ceremony. Maurice stayed nights eventually they moved into Maurice's house. The title and mortgage on the house were in Maurice's name alone. Maurice and Anne lived together in the house until Maurice's death on September 27, 1996. A sign in front of the house read, 'Hunsakers, Home of the Classics' (referring to Maurice's and Anne's classic car collection). The message on the telephone answering machine, recorded by W, stated, 'this is the Hunsaker residence.' They shopped, traveled and vacationed together, and went out to eat together every Friday night. They operated a classic car business together, took care of the yard together, and decorated the house for the Christmas season together. W and Maurice kept separate bank accounts. Because Maurice had poor credit, Anne purchased many personal items for Maurice and he bought many items with W's credit. W testified that Maurice generally reimbursed her for these purchases. They owned shares of stock in two companies as joint tenants. They also owned a time-share condominium as joint tenants. Maurice listed Was the secondary beneficiary to his sister on his Department of Veterans Affairs life insurance policy. W was listed as Maurice's spouse on the Designation of Beneficiary forms for that policy. W testified that she filled in the word 'spouse' on that form. W had another life insurance policy that listed Shorland as the sole beneficiary. They filed separate income tax returns each year listing themselves as single instead of married. Maurice told her that he was in trouble with the IRS and that he did not want to get her involved with his financial problems. The accountant who prepared Maurice's income tax returns until 1993, testified that Maurice did not indicate to him that Maurice was married. An attorney who represented Maurice testified that he once introduced W to a mediator as 'Annie Hunsaker, Morrie's wife.' Neither Maurice nor W corrected his introduction. The attorney sent Christmas cards to Maurice and W addressed as 'Maurice and Anne Hunsaker.' He thought that W and Maurice were married and was surprised to read in Maurice's obituary that W's last name was not Hunsaker. W and Maurice presented themselves as husband and wife and Maurice referred to W as 'my wife.' Another attorney testified that he was told that Maurice and W were not married but just 'long-term boy and girlfriend.' W felt that she was married to Maurice during their relationship and that Maurice felt married to her. There was evidence for and against that they held themselves out to be married. Shortly before his death, Maurice stated that he wanted to leave his entire estate to W. Maurice contacted Stonecipher about preparing a will. Stonecipher testified that Maurice told him that W was his 'common-law wife' and that he wanted to leave everything to her. Two days after their initial conversation and before a will could be drafted. W claimed to be the surviving spouse and B filed a reply that W was not the spouse. The court concluded that W was not Maurice's common-law wife. Both parties appealed.

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