Estate of Marler
Petitioner Anna M. Hester-Marler appeals from the trial courts denial of her petition for priority appointment as administrator of the Estate of Dan Adrian Marler as his putative spouse. Dan Marler died on October 2, 2005. Hester-Marler filed her petition on November 2, 2005, seeking appointment as a surviving spouse. Hester-Marler and Marler were married on March 29, 1997 (although they did not live together as man and wife until 1999).
Marlers son from an earlier marriage to Mary Ann, whom Marler married in 1949, appeared and objected to Hester-Marlers appointment as administrator. Marlers son filed objections and a competing petition for appointment of administrator, alleging that Marlers marriage to Hester-Marler was invalid because Marler was not divorced from Mary Ann at the time he married Hester-Marler. The parties agree that, although Marler filed for divorce from Mary Ann on March 5, 1997, the judgment of dissolution was not entered until October 7, 1997. The parties also agree that Hester-Marler can seek priority appointment as administrator only if she is found to be a putative spouse. The dispute here centers on whether Hester-Marler had a good-faith belief that her marriage to Marler was valid. The trial court found that she did not. Court affirm.
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