Estate of Gerke v. Estate of Gerke

BUCHANAN, Judge.

CASE SUMMARY

Appellant-respondent Estate of Dorothy Gerke (Dorothy's Estate) appeals the invalidation of Dorothy's election to take against the will (hereinafter the "Election") of her late husband, Elmer Gerke (Elmer), claiming the trial court erred in determining the Election was invalid because it was not acknowledged and that the challenge to the validity of the Election was barred by lach-es.

We affirm.

FACTS

The facts which support the judgment show that Elmer died on January 21, 1989 without issue, leaving Dorothy his surviving spouse. On February 9, 1989, Dorothy produced…