Estate of Hall
Illinois Appellate Court
707 N.E.2d 201 (1998)
- Written by Mike Begovic, JD
Facts
Illinois law did not recognize same-sex marriages or common-law marriages. Illinois probate law mandated that if a person died without a will, half of the estate be distributed to the surviving spouse and half to the decedent’s descendants. Regina Pavone (plaintiff) and Andrea Hall began a relationship in 1988, moving in together in 1991. Throughout their relationship, they commingled assets, opened joint lines of credit, and shared the financing for a house. In December 1995, Hall and Pavone held a marriage ceremony, in which they exchanged vows. After this, Hall and Pavone considered themselves married and held themselves out to friends and family as a married couple, but they did not apply for a marriage license, knowing that Illinois did not recognize same-sex marriages. After Hall’s death, Pavone sought a surviving-spouse share of Hall’s estate pursuant to Illinois law. William Hall (defendant), the administrator of the estate, filed a motion to dismiss Pavone’s claim on the ground that she did not qualify as a surviving spouse because she was never legally married to Andrea Hall. Pavone contended that Illinois’s ban on same-sex marriages was unconstitutional. The trial court granted William Hall’s motion to dismiss, and Pavone appealed.
Rule of Law
Issue
Holding and Reasoning (Rakowski, J.)
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