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IN RE ESTATE OF GEORGE

Nos. S-11-0086, S-11-0087.

265 P.3d 222 (2011)

2011 WY 157

In the Matter of the ESTATE OF Deanna Bess GEORGE, Deceased. Terrance Poland, Appellant (Petitioner), v. Elaine Nalee, Personal Representative of the Probate Estate of Deanna Bess George, Deceased, Appellee (Respondent). Terrance Poland, Appellant (Plaintiff), v. The Estate of Deanna Bess George and Elaine Nalee, in her capacity as personal representative of the Estate of Deanna B. George, and as successor trustee of the Deanna Bess George Revocable Trust dated April 3, 2008, Appellees (Defendants).

Supreme Court of Wyoming.

November 17, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Stuart S. Healy of Healy Law Firm, Sheridan, WY.

Representing Appellee: Anthony J. Wendtland of Wendtland & Wendtland, LLP, Sheridan, WY.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

HILL, Justice.

[¶ 1] Deanna Bess George (the Decedent) executed a pour-over will and a revocable inter vivos Trust for the intended purpose of disinheriting her surviving spouse, Terrance Poland (Poland), and thereby effectively destroying his elective share under Wyo. Stat. Ann. § 2-5-101 (LexisNexis 2011) as to the property transferred to the Trust. The district court concluded that the assets transferred to the revocable inter vivos Trust were not subject...

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