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Hunter v. Hunter

The probate court's award of a year's support to the surviving spouse clearly exceeded the amount necessary to support and maintain her for 12 months at her prior standard of living.

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Forest Hunter, Edward Hunter, and Donald Hunter, beneficiaries under the will of Arthur Hunter, deceased, filed a caveat in probate court against the petition for year’s support of Imodean Hunter, the surviving spouse of the decedent. The probate court denied the caveat and awarded the surviving spouse real property the marital residence from the decedent’s estate valued at $91,500 as year’s support. The caveators appeal claiming the award was excessive. We agree the award was excessive and reverse because there is no evidence in the record to support the probate court’s determination that $91,500 of property was the amount reasonably needed to support and maintain the surviving spouse for a period of 12 months from the decedent’s death at the standard of living she had prior to the death of the decedent.

The surviving spouse filed her petition for year’s support after the decedent’s will was probated awarding her a life estate in the marital residence, which was titled in the decedent’s estate.1 The will left a remainder interest in this property in the caveators, the decedent’s three adult sons by a prior marriage. Under the will, the life estate continued so long as the surviving spouse elected to live in the residence and did not remarry. Upon moving out of the residence or remarrying, the life estate would terminate and the property would be sold and the proceeds divided equally between the surviving spouse and the three caveators.

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