In re Estate of Scherr

After the death of his wife, George Scherr filed a renunciation of her will. After George filed the renunciation letter he also died. Petitioner, George’s trustee, continued to pursue the renunciation on Georges behalf. Respondents, the surviving legatees of the will at issue, filed an objection to the renunciation, arguing that a renunciation abates upon the death of a surviving spouse, and that Petitioner lacked standing because the right was personal to George. Court concluded that allowing the renunciation would violate public policy and sustained the objection. Court erred in sustaining Respondent’s objection. When a surviving spouse complies with all the steps specified for renunciation, the renunciation is complete and the subsequent death of the surviving spouse does not undo it. Additionally, Petitioner had standing because George assigned her the interest he possessed after exercising his right to renounce.