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Litigation
Finding of Marriage Insufficient to Elect Against Will
In Re Estate of Joseph Kalinowski PICS Case No. 03-0605 (Pa. Super. April 24, 2003) Memorandum (11 pages)
Finding scarce evidence of a common law marriage, a Pennsylvania Superior Court panel ruled that the live-in companion of a deceased resident of Carbon County cannot elect against his last will and testament as a surviving spouse. Joseph Kalinowski died testate in November 2001, leaving his estate to his son, Joseph Kalinowski Jr. His live-in companion, Constance Contino, petitioned Carbon County Orphan's Court to elect to take against the will as Kalinowski's common law surviving spouse. She claimed that the two had privately exchanged marital vows in their living room in 1996.
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