Whited v. Holmes

Summary

The Alabama Supreme Court reviewed a dispute over the surviving spouse's elective share of a decedent's estate. The court held that real property conveyed to the surviving spouse, subject to her mother's life estate, was not part of the decedent's estate, but that funeral expenses paid by the executrix had to be deducted before calculating the elective share. The judgment was affirmed in part, reversed in part, and remanded.

Holdings

1. Property conveyed to Laura Jean Holmes and her mother, with Laura Jean Holmes retaining a remainder interest subject to her mother's life estate, was not part of Glenn H. Holmes's estate merely because the spouses used the property jointly during their marriage.
2. Funeral expenses paid by the personal representative are properly chargeable against the decedent's estate and must be deducted from the estate before calculating the surviving spouse's elective share.
3. The court declined to disturb the judgment concerning the alleged mortgage payment because Whited cited no supporting authority and the evidence was disputed; the ore tenus presumption therefore supported affirmance absent palpable error.
4. The cattle-sale proceeds and the bedroom suite, dining room suite, and wood-burning fireplace insert were properly excluded from Glenn Holmes's estate and were not deductible from Laura Jean Holmes's elective share.

Questions Presented

1. Whether real property conveyed to Laura Jean Holmes subject to her mother's life estate should be included in Glenn H. Holmes's estate because the spouses used the property jointly during their marriage.
2. Whether funeral expenses paid by the executrix should be deducted from the estate before calculating the widow's elective share.
3. Whether the estate should be reduced by an alleged $4,000 mortgage payment.
4. Whether the widow's elective share should be reduced by the value of cattle-sale proceeds and certain personal property allegedly received by her.

Disposition

reversed_and_remanded