Estate of McKown v. Rapue

JAMES EDWARD WELSH, Judge.

Elaine F. McKown appeals the circuit court’s judgment denying her election of surviving spouse, application of surviving spouse for exempt property, and application of surviving spouse for homestead allowance against the estate of Larry R. McKown. Elaine McKown asserts that the circuit court erred in finding that a Kansas decree of separate maintenance barred her from claiming statutory allowances or from otherwise inheriting property in Larry McKown’s estate. We reverse the circuit court’s judgment.

The evidence established that Elaine McKown and Larry McKown were…