Estate Of Baird

933 P.2d 1031 (1997)

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Nature of the Case

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Facts

Phyllis died intestate on December 29, 1994. She was survived by two children, James and Julie. James has two children, Jayme and Hunter, from his first marriage to Cheryl Kern. Phyllis suffered from Alzheimer's disease and, Susan K. was appointed guardian for Phyllis. James married Susan on November 10, 1992. On February 9, 1993, James brutally assaulted Susan. Susan was permanently disfigured and suffered permanent cognitive defects preventing meaningful employment. Susan filed a personal injury action against James for the injuries suffered in the assault. James was convicted of first-degree assault and got 20 years on June 3, 1994. On March 8, 1994, the same day as his conviction, James executed an instrument purporting to disclaim 'any and all interest' he 'may have' in his mother's estate. This instrument was filed in his mother's guardianship proceeding that same day. On October 19, 1994, Susan was awarded a judgment of $2.75 million in her personal injury action against James. One week later, James filed a petition for Chapter 7 bankruptcy. Phyllis Baird died intestate on December 29, 1994. Her estate is valued in excess of $500,000. James's share of his mother's estate represents approximately 60 percent of his potential assets available in the bankruptcy proceeding. Ps petitioned the probate court for an order declaring the disclaimer valid. The court declared the instrument invalid without explanation. Ps appealed.