Miriam Beren and Robert Goodyear, Jr.

Summary

The court held that the elective-share statutes fix the augmented estate's property values as of the decedent's death, so a probate court may not calculate an equitable adjustment by applying the estate's later appreciation and income. The Probate Code nevertheless preserves equitable authority where a remedy does not conflict with a specific statutory provision, including relief for excessive administrative expenses or undue delay in distributing the elective share. The court also held that statutory post-judgment interest did not apply to repayment of the prior equitable award, while leaving restitutionary interest and other equitable considerations for the probate court on remand.