Matter of Estate of Grulke

HUITINK, Judge.

In this case we must decide whether the district court correctly determined that Charlene Grulke’s entire estate passed to her only sister, Violette Gast, thereby excluding Duane Grulke, Jr., Charlene’s stepson, from any interest in her estate. Because we find Duane Grulke, Jr.’s claim to one-half of Charlene’s estate is precluded by the doctrine of worthier title, we affirm.

Charlene Grulke executed her will on August 17,1973. At that time she was married to Duane Grulke Sr. and had one child from the marriage, Keith Grulke. Charlene also had a step-son, Duane Grulke Jr. The…