Charlotte Harbin v. Glenn E. Estess, Jr., as Personal Representative of the Estate of Lecil v. Thomas

Summary

The court held that Harbin's petition for an omitted spouse's share was not a claim against the estate subject to the nonclaim period because it asserted an interest in estate property rather than a moneyed demand against the estate. The court also held that conflicting evidence about whether Harbin and Lecil had entered a common-law marriage created a genuine issue of material fact, precluding summary judgment. Justice Sellers, dissenting, would have affirmed because the petition was filed outside what he viewed as the applicable six-month probate limitations period.