In re Estate of Shipman
Annotate this CaseAfter Wife moved into a nursing home, Husband disinherited Wife in his will. Wife's attorney-in-fact, her son, disclaimed any inheritance Wife may have been entitled to receive from Husband's estate. One year later, while Wife was receiving Medicaid assistance for her nursing home care, Husband predeceased Wife. Wife's guardian ad litem petitioned for an elective share of Husband's estate and moved to set aside the disclaimer. The circuit court denied the petition, concluding that Wife had validly disclaimed her right to an elective share and that Wife received her fair share of Husband's estate when Husband used their joint resources to pay for her care. The Department of Social Services, which administers the Medicaid program, intervened and moved to reconsider. The circuit court denied the motion. The Supreme Court reversed and remanded for Wife to obtain her elective share, holding (1) Wife was entitled to an elective share; and (2) because no prejudice to interested parties was demonstrated, the circuit court erred by not granting the guardian ad litem's motion to revoke the disclaimer where the guardian was acting in Wife's best interests.
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