A battle over an estate is brewing in the Lone Star state in the city of Houston. ABC News reports that Darla Lexington, the longtime companion of the late attorney John O'Quinn, is fighting his estate's decision to sell five of the attorney's cars in an auction in Pebble Beach, CA. John O'Quinn passed away in a car crash last year in Allen Parkway.
While Darla Lexington is also trying to make claims that she should be treated as his common law wife, the hearing held today will solely determine whether or not the estate can proceed with the auction. The judge at the hearing must decide whether there is a probable right to those cars as a gift by Ms. Lexington for the impending trial.
One of Ms. Lexington's attorneys brought forth a witness who claims that the late John O'Quinn had told him that one of the cars was indeed hers. Meanwhile, the estate's attorneys claim that none of the cars' titles are in Darla Lexington's name. They however, did not present evidence of this claim.
Only in Texas (and a handful of other states) could such a trial exist. According to the Natural Conference of State Legislatures, only Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma and Texas recognize common law marriage. A common law marriage is when a couple is considered married through action versus through a legal ceremony. For purposes of probate, the state of New Hampshire also recognizes common law marriage.
In New York however, there is no recognition of common law marriage. This is why it is important to provide for the ones you care about with the help of a NY estate attorney. A New York estate planning lawyer can help draft an estate plan that includes all of your loved ones.
Related Resources:
- Shannon Price Set To Fight Estate's Sale Of Home (FindLaw's New York Estate Planning News Blog)
- Find A NY Estate Attorney (FindLaw)
- Susie Morton Sues Lucille Ball's Daughter Over Memorabilia (FindLaw's New York Estate Planning News Blog)
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