In Re the Estate of Ottis Smith

TURSI, Judge.

Donna Snyder and Arnold Ogden, (petitioners) co-personal representatives of the estate of their mother, Ruth M. Smith, deceased, appeal the trial court’s ruling that Ruth M. Smith waived her right to an elective share in the estate of her deceased husband, Ottis Smith. We reverse and remand for further proceedings.

On June 3, 1980, while Ottis Smith was hospitalized, Ruth Smith was shown an unexecuted will which had been prepared for her husband by his attorney. Attached to the will was the following statement, which Ruth Smith signed after reviewing it with an attorney:

“I, Ruth…