Matter of Estate of Clyde

SABERS, Justice.

The trial court held that elective share proceedings abated upon death of surviving spouse and awarded residence to beneficiary of deceased wife’s will. Estate of surviving spouse appeals. We reverse.

Facts

Floyd (Floyd) and Geneve (Geneve) Clyde were married in July 1982. At the time of this second marriage for both parties, Ge-neve owned fee title to a residence in Sioux Falls and personal property, including furniture and household goods. Floyd discharged his debts in bankruptcy prior to the marriage and had nominal assets. Both Floyd and Geneve received Social Security…