Haas v. Voigt

DUNCAN, Justice.

The issue presented by this appeal is one of first impression: May a husband unilaterally alter the terms of an agreement with his wife by which they created a right of surviv-orship in community funds? While we recognize that a spouse may revoke such an agreement, in whole or in part, we hold that the spouse involved in this case did not effectively do so. We therefore affirm the trial court’s judgment.

Factual and Peocedueal BACKGROUND

Berthold and Emma Haas married and had three children — Joyce, Shirley, and Herman. In April 1994, Berthold died, leaving his entire estate to…