Matter of Estate of Clyde

I would affirm.

It appears to me that the majority opinion complicates otherwise simple issues by straining to avoid a definitive answer as to which version of SDCL 30-5A-3 was in effect and applicable to the facts of this case.

At the time of Geneve’s death, 30-5A-3 provided that Floyd’s right to an elective share abated upon his death. Under the 1986 amendment to 30-5A-3, his right to an elective share would have inured to the benefit of his estate.

The majority holds that under SDCL 30-5A-6, the elective share does not “vest” until publication of the first notice to creditors. I disagree. In…