IN RE ESTATE OF VIGIL

No. 31,184.

296 P.3d 1209 (2012)

2012 NMCA 121

In the Matter of the ESTATE OF Eligio VIGIL, Deceased, Benjamin M. Duran, Individually and as Personal Representative of the Estate of Pilar Vigil, Plaintiff-Appellant, v. Tony Vigil, Personal Representative of the Estate of Eligio Vigil, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, November 1, 2012, No. 33,858.


Attorney(s) appearing for the Case

Ben A. Longwill , Las Cruces, NM, for Appellant.

Jane B. Yohalem , Santa Fe, NM, Leof T. Strand , Albuquerque, NM, for Appellee.


OPINION

VANZI, Judge.

{1} Appellant Benjamin M. Duran (Duran) appeals from a district court order concerning the distribution of the Estate of Eligio Vigil (the Estate). We address three issues on appeal: (1) whether the Legislature intended that statutory allowances that were not claimed while the surviving spouse was alive be transferred to the estate of the surviving spouse after her death, (2) whether the district court erred in finding...

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