Arlyne Beth Helfenbein v. Estelle Baval

Arlyne Helfenbein (“Daughter”) appeals an order granting Estelle Baval’s (“Wife”) motion for summary judgment and finding that she is entitled to take an elective share of her deceased husband’s estate. We find that a genuine issue of material fact remains and reverse and remand for further proceedings.

Facts

Bernard Baval (“Testator”) died on October 29, 2010. Daughter was named personal representative of Testator’s estate. Seeking clarification of the correct will to admit to probate, Daughter submitted two wills signed by Testator: one from 1982 (“1982 Will”) and one from 2007 (“2007 Will”).…