Which statement about common law marriage and intestacy is true?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In the context of common law marriage and intestacy, the correct statement is that common law spouses must make a dependent relative claim (DRC) to inherit. This reflects the legal position that, while common law marriage confers certain rights similar to those of formally married couples, the recognition of these rights can vary by jurisdiction. In many places, particularly in a non-community property state, the rights are not automatic. Thus, a common law spouse may need to take specific legal steps, such as making a DRC, to establish their right to inherit from their partner's estate upon intestacy.

The understanding of inheritance rights in relation to common law marriage is crucial because it underscores the requirement for common law spouses to actively assert their claims rather than assuming automatic inheritance. This process can involve proving the existence of the common law marriage and adhering to the relevant state laws regarding intestate succession.

The other options do not accurately reflect the nuances of common law marriage and inheritance rights. For instance, while common law spouses do have some inheritance rights, it is not universally recognized, nor do they automatically inherit everything, which highlights the importance of understanding specific legal frameworks and the necessary legal actions to secure those rights.

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