Spouse by Foreign Marriage Entitled to Elective Share

Foreign marriage was found to be valid, and surviving spouse entitled to elect against the decedent’s will, where there documentary evidence of a valid marriage in Nepal and there was no evidence of any insanity or mental disorder rendering either party incapable of consenting to the marriage, despite claims that the marriage was entered into to evade federal immigration law.  Affidavits of relatives were found to be inadmissible hearsay.   Rosmarin Estate, 7 Fid.Rep.3d 264 (Bucks Co. O.C. 2017), on appeal, 1132 EDA 2017 (Pa. Super.).

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