In re Estate of Kohnen

Counter-petitioners appealed from an order of the circuit court ruling that petitioner’s spousal share of the estate of the decedent included real property located in Arizona. The appellate court reversed and remanded, finding that the circuit court improperly applied Arizona state law regarding provision of forced shares and that counter-petitioners made a prima facie showing that the Arizona property was not part of the decedent’s “entire estate” for the purposes of determining petitioner’s share as a result of renouncing the will. (KENNEDY and JORGENSEN, concurring)