DMX’s Fiancée Loses Case To Be Declared Common-Law Wife
What Does This Mean For Your Family?
On June 23 a New York court denied the petition by DMX’s fiancée to be declared his legal common-law wife. Desiree Lindstrom, the mother of DMX’s 5-year-old son and his live-in fiancée, asked the New York courts to legally declare her his common-law wife so that she could be his estate’s administrator and his legal widow. According to Page Six,
The move — if it had been approved — would have given Lindstrom, who was engaged to the rapper since 2019 and is the mother to his 5-year-old son, Exodus, immediate seniority over his 14 children to potentially control his estate and all future earnings from his music.
DMX (Earl Simmons) died without a will in April from a drug overdose. 5 of his 15 children - including 3 sons from his marriage to Tashera Simmons - have already petitioned the New York court to be declared administrators of the rapper’s estate. When someone does without a will, their estate is called intestate, and their assets are distributed according to the state’s intestate laws of inheritance, and it can take considerable time and expense to settle the estate.
The value of the estate is currently estimated at around $50,000, but the expectation is future royalties could be worth millions of dollars. Because the rapper did not leave a will or name his heirs and beneficiaries in an estate plan, whoever is named administrator or co-administrator of his estate by the court will have considerable influence over how future royalties are distributed to his children and heirs.
What Is Common Law Marriage?
Very few states recognize common-law marriage. A common law marriage is a relationship where the couple lives together for a period of time and makes decisions together as if they were a married couple. In order to be recognized as a common-law marriage, the state will evaluate certain criteria such as whether the couple is:
eligible to be married and cohabitate in one of the places that recognize common-law marriage
intend to be married and tell family and friends they are husband and wife bullet live together and share their life as a married couple
Common-law spouses are eligible for all of the economic and legal benefits afforded to couples with marriage licenses – including tax breaks and inheritance rights. To legally end a common-law marriage, the couple must go through a divorce.
Is Common Law Marriage Recognized In Georgia?
Georgia outlawed common-law marriage is over 20 years ago. Georgia recognized common-law marriage until January 1, 1997. A couple who entered a common-law marriage before 1997 may be recognized as married by the Georgia court, but common-law marriages after 1996 are not recognized in Georgia.
Why does common-law wife status matter?
Many couples today decide to cohabitate and live their life as if they were married – but they are not legally married. In this case, DMX lived with the mother of his child for five years and they were engaged to be married. When DMX died without a will, his fiancée does not have the same rights of inheritance as a spouse would have. Instead, because there is no will, New York State will distribute his estate using the state’s intestate laws – which will take considerable time and expense to go through probate, settle the estate and distribute and assets.
What Are Georgia’s Intestate Laws?
When you die without a will in Georgia, the state’s intestate laws of inheritance determine who will inherit the deceased’s assets.
Georgia Intestate Laws
First, if you have debt the state will use your assets to ensure that your debt is paid off. Then, if you have any living relatives, the leftover assets will be divided according to Georgia’s intestate rules.
Do You Have A Will?
The legal battle of DMX’s estate is going to cause stress, take time and cost a lot of money to settle - all of which could have been avoided if he had created an estate plan or trust to manage his estate.
An estate planning lawyer can help you protect your assets and ensure they are distributed how you want after your death. And, your estate planning attorney can help avoid the time, cost and stress of probate court to settle your estate. You don’t need to be wealthy to use estate planning to protect your family.
Contact Jammie Taire of SmithTaire Legal: Your Trusted Legal Partner in Georgia
If you need help creating a will to protect your loved ones after you are gone, contact your trusted legal partner, the team at SmithTaire Legal. Schedule an appointment with us today at 678-253-8133 to discuss your situation.