In re the Estate of Bilse

BOYLE, J.S.C.

Before the court is the issue, never decided in this state, of whether the heirs of a surviving spouse are entitled to that person’s statutory elective share where the spouse applied for the share, but died prior to the determination of that elective share. The court holds that the heirs of that “surviving” spouse may pursue that share only to the extent that it may have been required for support of the “survivor” for the period between the death of the spouse and the death of the survivor.

The facts and procedural history of this case are as follows: Wilma Bilse died testate on…