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ESTATE OF NAUERT v. MORGAN-NAUERT

Nos. 30,315, 30,445.

274 P.3d 799 (2012)

2012-NMCA-037

The ESTATE OF Peter NAUERT, Petitioner-Appellant, v. Melissa MORGAN-NAUERT, Respondent-Appellee.

Court of Appeals of New Mexico.

February 23, 2012.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Marjorie A. Rogers , Emil J. Kiehne , Albuquerque, NM, Walther Family Law, David L. Walther , Santa Fe, NM, for Appellant.

Gerber & Bateman, P.A., Paul D. Gerber , Julie S. Rivers , Santa Fe, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} This appeal raises the issue of whether the Probate Code's creditors' claims classification provision, NMSA 1978, § 45-3-805(A) (1995), applies to lump-sum spousal support and attorney fee awards to a surviving spouse in a divorce proceeding continued after the death of the other spouse under the domestic affairs anti-abatement statute, NMSA 1978, § 40-4-20(B) (1993). The district court in the divorce action...

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