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

Summary

The court held that a petition by an alleged common-law surviving spouse seeking an omitted spouse's share is a claim to estate property, not a claim against the estate subject to the nonclaim period. It also held that conflicting evidence regarding the parties' mutual marital intent and public representation of their relationship created a genuine issue of material fact that precluded summary judgment. Justice Sellers, dissenting, would have affirmed because probate-related claims should generally be brought within the six-month period.