Paredes v. McLucas

PETERSON, Judge.

Sara Jane Paredes, as personal representative of the Estate of Ben F. McLucas, appeals an order determining the formula to be used in calculating the amount of the elective share distributable to a surviving spouse. We affirm.

We recognize that the decision by this court is contrary to at least two publications 1 heretofore relied upon by probate practitioners. The logic and the reliance by members of the legal community upon the manner of computations suggested by Red-fearn and Mr. Platt should certainly be considered, but we cannot arrive at the same conclusion after a review…