In re the Estate of Overgard

OPINION OF THE COURT

Eve Preminger, S.

*629This contested application for permission to file a late renunciation is unusual in that petitioner is not the renouncing party, but a person whose interest would be accelerated by the filing of a renunciation. Respondent — the renouncing party — seeks to retract her renunciation and therefore opposes the relief.

The essential facts are undisputed. Decedent died intestate on November 16, 2002. His wife, the respondent, is his sole distributee. The only asset of the estate — with the possible exception of tangible personal property — is the anticipated…