In Re Estate of Margaret Owens Bush Baker

Syllabus

In this probate action involving a testate decedent, the surviving spouse filed a petition seeking to claim an elective share in addition to homestead rights, exempt property, and year's support. The surviving spouse later withdrew his petition for an elective share but continued to assert claims for exempt property and year's support. The trial court denied those claims, determining that the statutory provisions governing a surviving spouse's claims for exempt property and year's support require that the claimant had also simultaneously elected against the decedent's will. The surviving spouse has appealed. Discerning no reversible error, we affirm.