In the Matter of the Supervised Estate of Gary D. Kent John David Kent and Kevin Kent, as Co-Personal Representatives of the Estate of Gary D. Kent Nicholas Kent and David Kent v. Cynthia Kerr

I respectfully dissent from the Court's conclusion that the compromise chapter of our Probate Code, see I.C. ch. 29-1-9, does not apply to family settlement agreements entered into before the decedent's death. In my view, such agreements are valid and enforceable; they are consistent with our State's longstanding policy of encouraging freedom to contract; and nothing in the compromise chapter expressly prohibits them. I agree with the Court of Appeals' thoughtful treatment of these issues and would adopt its opinion in full.

As our Court recognizes, there is "no clear and unambiguous statement…