LAURITSEN v. Wallace

DAVIDSON, L., Associate Judge.

The issue in this appeal is whether a decedent is permitted, through his will, to forgive a debt owed to him when his estate is not solvent to pay the debts and the costs of administration of his estate. The probate court’s final order determined that the decedent’s one-half interest in a promissory note payable to him was cancelled upon his death and was not an asset of the estate because the decedent forgave the debt in his will. We reverse.

The events surrounding the decedent’s death were tragic. The decedent, William C. Wallace, killed his incapacitated wife,…