In re the Estate of Comia

KAROHL, Judge.

Appellant, Deanna K. Comia, appeals from a probate court order which ruled that under § 474.260 she “has a legally protecta-ble and possible coexistent interest with the surviving spouse of the decedent in the family allowance,” the extent of which is to be determined at a future hearing.

Joseph Comia died testate on June 1, 1981, one month prior to Deanna’s eighteenth birthday. The will, which was made prior to his second marriage, left everything to his daughter, Deanna. His widow, Florence, filed an election to take against the will, § 474.160, applied for exempt property; §…