Harbin v. Estess

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Charlotte Harbin appealed a circuit court judgment in favor of defendants-appellees Glenn Estess, Jr., as personal representative of the estate of Lecil V. Thomas; Richard Thomas; and Roger Thomas. Lecil and Tommie Thomas were married and had three children, one of whom predeceased them. They had two surviving sons, Richard and Roger. Lecil executed a will in 1995, and executed a codicil to that will in 2003. Tommie died in 2005. Lecil executed a second codicil to his will in 2008. According to Harbin, she and Lecil started dating after Tommie's death. She also asserted that they lived together off and on until September 2009, when, she says, they started living together as husband and wife. Lecil died in 2013. On May 30, 2013, Estess filed a petition for probate of Lecil's will, listing Harbin as Lecil's "putative common-law wife." The probate court admitted the will to probate and granted Estess letters testamentary. In 2014, Harbin filed a petition seeking an omitted spouse's share of Lecil's estate, asserting she was Lecil's common-law wife at the time of his death and that she had become Lecil's common-law wife after he had executed the will that had been admitted to probate. Estess filed an objection to Harbin's petition, and later, after the matter was removed to circuit court, Estess filed a renewed objection to Harbin's petition seeking a share as an omitted spouse. Richard and Roger Thomas intervened, seeking a judgment to declare Harbin was not Lecil's common-law wife at the time of his death, thus not making her an omitted spouse entitled to a share of Lecil's estate. The circuit found Harbin's claim time barred; she appealed. The Alabama Supreme Court determined the circuit court erred in its interpretation of the statute controlling Harbin's omitted spouse's share of the estate, reversed and remanded for further proceedings. View "Harbin v. Estess" on Justia Law