Edwyna Ivey v. Estate of R.e. Ivey

Summary

The court held that Edwyna Ivey was entitled to an omitted-spouse share because the will did not provide for her and the estate failed to prove either statutory exception. The renovations to Edwyna's premarital home and the funds passing through joint accounts did not constitute transfers intended to replace a testamentary provision, and evidence of an informal agreement to keep the spouses' estates separate could not independently establish intentional disinheritance under the statute. The judgment was reversed and remanded with instructions to award Edwyna an intestate share.