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March 15, 2023

Jennifer and Greg lived together in Kalamazoo, Michigan for 13 years. During that time, Jennifer and Greg had a joint bank account and put both their names on their car and lease of their ap

Jennifer and Greg lived together in Kalamazoo, Michigan for 13 years. During that time, Jennifer and Greg had a joint bank account and put both their names on their car and lease of their apartment. During this time, they referred to each other as “my wife” and ” my husband” although they never formally married.
At the end of the period, Greg and Jennifer moved to Ithaca, New York. Unfortunately, three weeks later, Jennifer was hit by a truck and killed. Neither party had a will.
Greg petition the Surrogate’s court to be treated as Jennifer’s husband for purpose of dividing her estate and to be named Administrator of her estate. Jennifer’s family counters that they should receive all of Jennifer’s property (that was not jointly owned by Greg) since Jennifer and Greg were not married. Greg arguer that they were “common law” spouses because of the wat they lived together in Kalamazoo.
Assume that Michigan does recognize common law marriages, while New York does not. Assume further that Greg and Jennifer’s common law marriage was valid under Michigan law.
Question: Must the New York Surrogate’s court recognized Greg and Jennifer’s common law marriage in Michigan, even though New York does not recognize common law marriage? Please an IRAC style to answer this question please use appropriate legal points and citations.

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