Foman v. Moss

OPINION

GARRARD, Judge.

The trial court set aside Grace Foman’s (“Foman”) election to take against her deceased husband’s will because she was incompetent. The trial court appointed a guardian and ordered the guardian not to file an election to take against the will. Despite the trial court’s order, the guardian subsequently filed, on Foman’s behalf, an election to take against the will which the trial court struck as invalid. Foman appeals. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

On February 13, 1994, Odell Foman…