In Re Estate Of Kobylski

503 N.W.2d 369 (1993)

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Nature of the Case

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Facts

Genevieve, age 58, and P, age 71, married on February 20, 1982. Both were widowed and had children from their prior marriages. Their marriage produced no children. Genevieve owned a residence where she and her first husband had lived and raised their children. Genevieve and P lived in this residence for the duration of their marriage. Genevieve retained title to the property in her own name. Genevieve and Geza made several improvements to the residence that were paid for by funds from their joint checking and savings accounts. Genevieve owned a residence where she and her first husband had lived and raised their children. Genevieve and P lived in this residence for the duration of their marriage. Genevieve retained title to the property in her own name. Genevieve and Geza made several improvements to the residence that were paid for by funds from their joint checking and savings accounts. In June 1979, three years before Genevieve and P married, Genevieve executed her will which distributed her entire estate to her four children from her prior marriage. Genevieve died in June 1990. P filed notice to take under the widower's election of deferred and augmented marital property. P sought either: (1) reimbursement for the funds expended on the residence for improvements if the probate court ruled that the residence was Genevieve's nonmarital property, or (2) the value of his one-half marital interest in the residence if the court ruled that the residence was reclassified to marital property. D objected. The probate court ruled in P's favor. The court ruled that the residence was reclassified to marital property because 'tracing is [not] possible.' D appealed.