In Re Estate of Smid

SABERS, Justice.

[¶ 1.] With her husband’s death imminent, Audrey Smid signed documents creating a trust, which gave her an interest in the marital home, but left the remainder to her husband’s children from a prior marriage. She challenges the circuit court’s decision that the waiver of her surviving spouse statutory rights contained within trust documents was valid. We affirm.

FACTS

[¶ 2.] Ronald W. Smid was married to Delores Smid until her death on September 17, 1996. The couple had four children. During the marriage, the couple purchased a home with money Delores inherited from her parent’s…