In Re the Estate of Heiman

STROUD, Judge.

Heidi Venier, executrix of Peter Heiman’s estate, appeals from an order entered 28 June 2013 by the superior court affirming an order of the Orange County Clerk of Superior Court and concluding that Audrey Layden, Mr. Heiman’s wife, was entitled to an elective share of $25,970.35 from the estate. We reverse.

I. Background

Peter Heiman (“decedent”) passed away on 7 July 2009. Prior to his death, he had executed a will naming Heidi Venier, his only child, the sole beneficiary and executrix of his estate. Mr. Heiman was survived by his wife, Ms. Layden, and Ms. Venier, his daughter…