In Re the Estate of Viacheslav Yudkin, Svetlana Shtutman v. Tatsiana Dareuskaya

Summary

The court vacated the court of appeals’ judgment and remanded for reconsideration of whether the decedent and respondent formed a common law marriage. It held that cohabitation and a community reputation as spouses are not dispositive, and that the probate court must evaluate mutual intent and conduct under a totality-of-the-circumstances test. The record was ambiguous as to whether the parties mutually agreed to enter a marital relationship.