This section contains the nature of the case and procedural background.

Schenck, decedent, began dating Barnes and after a 2.5-year courtship, they moved in together. They purchased a car that was titled in both names, but Schenck continued to keep a separate checking account and continued to own his own home and registered his truck in his own name and maintained a post office box in his old town residence. The couple attended town events as significant others, and when Schenck was checked into the hospital, Barnes registered herself as a significant other. When Schenck executed a trust deed to his real property, he indicated on the certificate that he was single. Some friends and relatives held the opinion that the couple was married. The couple did not pay federal or state income taxes as a married couple. Schenck died, and his sister was appointed personal representative of the estate which was intestate. Barnes petitioned the court as a surviving spouse. The trial court denied her that status. Barnes appealed.

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