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IN RE ESTATE OF HERBACH

Docket No. 199167.

583 N.W.2d 541 (1998)

230 Mich. App. 276

In the Matter of the ESTATE OF Walter B. HERBACH, Deceased. Eileen HERBACH, Petitioner-Appellant, v. Barry HERBACH, Personal Representative of the Estate of Walter B. Herbach, Deceased, Respondent-Appellee.

Court of Appeals of Michigan.

Decided June 9, 1998, at 9:10 a.m.

Released for Publication September 10, 1998.

Attorney(s) appearing for the Case

Bassey & Selesko, P.C. by Robert C. Zack and Mark Merlanti, Southfield, for Petitioner-Appellant.

Shulman and Kolin, PLC by Majorie L. Kolin and Leonard B. Shulman, Farmington Hills, for Respondent-Appellee.

Before DOCTOROFF, P.J. and REILLY and G.S. ALLEN, JR., JJ.

REILLY, Judge.

Petitioner Eileen Herbach appeals as of right from a probate court judgment denying her claim to take as a pretermitted spouse, ruling that she was not entitled to take any amount of the estate of Walter B. Herbach, deceased, pursuant to an elective share, ordering her to reimburse respondent Barry Herbach, personal representative of the decedent's estate for certain family allowance payments made to her by the estate, and ordering her to pay $700 in...

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