In re Estate of Determan

Lorene S. Determan (Lorene) appeals a circuit court order dismissing her petition for an elective share of the estate of Robert Determan (Robert). We affirm.

FACTS

Lorene and Robert were married in 1964. Although the two did not live together for at least ten years before Robert’s death, they were never divorced. Robert died intestate on September 25, 1983. At that time, SDCL 30-5A-6 gave a surviving spouse two months from the first publication of notice to creditors to file a petition for an elective share of the decedent’s estate.1 In this instance, however, no first publication of notice to…