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IN RE ESTATE OF FRIES

No. S-08-1189.

782 N.W.2d 596 (2010)

279 Neb. 887

In re Estate of Lyle L. FRIES, deceased. Margaret Fries, appellant, v. Kathleen Hurst, Personal Representative of the Estate of Lyle L. Fries, deceased, appellee, and James Fries et al., intervenors-appellees.

Supreme Court of Nebraska.

May 21, 2010.

Attorney(s) appearing for the Case

Andrew J. Hoffman, of Krotter Hoffman, P.C., L.L.O., and Jason D. Mielak, of Fehringer, Mielak & Fehringer, P.C., L.L.O., for appellant.

Thomas L. Kovanda, of Anderson, Vipperman, Kovanda & Wetzel, for appellee.

Mark Porto and Ronald S. Depue, of Shamberg, Wolf, McDermott & Depue, for intervenors-appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

Lyle and Margaret Fries were married in 1991. At the time of marriage, Lyle owned three parcels of land (the Properties). In 1993, Margaret executed quitclaim deeds on the Properties in favor of Lyle. Lyle then conveyed the Properties to his children from a previous marriage. After Lyle died, Margaret chose to take an elective share of his augmented estate. The issue in this case is whether the value of the Properties should be part of Lyle's augmented...

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