In Re Von Greiff Estate

Summary

The Court held that filing for divorce does not categorically prevent a spouse from being considered willfully absent under the governing intestacy statute. However, filing for divorce creates a rebuttable presumption that the spouse was not willfully absent, and communications through counsel related to obtaining the divorce may defeat a finding of willful absence when viewed under the totality of the circumstances. Because the challenger did not rebut that presumption, the Court affirmed the Court of Appeals on different grounds. The dissenting opinions would have applied the existing emotional-absence test and concluded that the spouse forfeited surviving-spouse benefits.