KELLAR v. ESTATE OF KELLAR

No. 66828-5-I.

291 P.3d 906 (2012)

172 Wn. App. 562

Donna M. KELLAR, Appellant/Cross Respondent, v. The ESTATE OF Kenneth L. KELLAR, Respondent/Cross Appellant.

Court of Appeals of Washington, Division 1.

December 31, 2012.


Attorney(s) appearing for the Case

Michael L. Olver , Christopher C. Lee , Kameron L. Kirkevold , Helsell Fetterman LLP, Seattle, WA, for Appellant/Cross Respondent.

John J. Straus , Brian K. Keeley , Colin J. Folawn , Schwabe Williamson & Wyatt, Seattle, WA, for Respondent/Cross Appellant.


APPELWICK, J.

¶ 1 After her husband's death, Donna Kellar challenged the validity of their prenuptial agreement. The trial court properly struck portions of her declaration made in violation of the dead man's statute, RCW 5.60.030, and properly concluded that the Estate had not waived the protections of the dead man's statute. We affirm denial of summary judgment to Donna on the fairness of the prenuptial agreement. We reverse the grant of the Estate's summary...

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