In re the Estate of Kaminester

OPINION OF THE COURT

Kristin Booth Glen, S.

Kimberly Kaminester, executor of the will of her father Richard I. Kaminester, seeks a determination of the validity of the spousal right of election exercised by Inalee Foldes (see SCPA 1421; EPTL 5-1.1-A). Foldes married the physically and mentally ailing decedent on March 1, 2006, 21k months after a Texas court had appointed a temporary guardian for him, during the pendency of a New York proceeding under article 81 of the Mental Hygiene Law in which a temporary guardian of the person and property was appointed for him, and 2V2 months before he died.