Simpson Ex Rel. Estate of Demos v. Sanders Ex Rel. Estate of Demos

Finney, Justice:

The issue in this appeal is whether the husband timely exercised his statutory right to an elective share of his deceased wife’s estate. The probate court upheld husband’s election as did the circuit court on appeal. We reverse and remand.

Appellant is the personal representative of Marie Johnston Demos’ (wife’s) estate and respondent is the personal representative of Louis A. Demos’ (husband’s) estate. Wife predeceased husband and left him certain property in her will. Within weeks of wife’s death, husband informed appellant and the estate’s attorney that he intended to claim…