Barefoot v. Cole
Annotate this CaseDaniel Barefoot, as a personal representative and legatee of the estate of Danny Bryant Barefoot, appealed a probate court order that determined the estate of Donna Viola Barefoot was entitled to a share of Danny's estate on the basis that Donna was an omitted spouse under § 43-8-90, Ala. Code 1975. Danny executed a will in August 2012, while married to Merita Hall Barefoot. In the will, other than a specific bequest to his and Merita's son, Daniel, Danny devised his residuary estate to Merita. Danny specified that, if Merita predeceased him, his estate would be shared jointly in equal shares by Daniel and Marcie Jenkins, whom he identified in the will as his stepdaughter. Danny also named Daniel and Marcie as corepresentatives of his estate. Merita died on September 6, 2014. On January 21, 2018, Danny married Donna. Danny and Donna did not execute a prenuptial agreement, and Danny did not execute a new will or a codicil to his previous will to include any testamentary dispositions to Donna. Danny died on September 5, 2021. Twelve days later, on September 17, 2021, Donna died. The Alabama Supreme Court concluded the appeal was from a nonfinal order and dismissed the appeal for lack of jurisdiction.
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