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Wills, Trusts & Estates keyed to Dobris
Estate of Goick
Facts
Michael and Barbara Goick were married in 1981 and had three children. In December of 1990 Michael filed for a divorce. At a hearing in April of 1991 the parties agreed on all issued exception the division of household goods. Following the hearing the judge was asked whether the couple was divorce and apparently responded that they were. The parties were unable to agree on the division of household goods and in December of 1991 Barbara, Respondent, filed a motion to divide personal property of the marriage. No further proceeding occurred in the divorce action and no final decree of divorce was issued. Michael died in November of 1992 and two days after his death Respondent moved to dismiss the divorce proceeding and the order was granted. Subsequently Respondent was appointed personal representative over objection of the Appellants that she was not the decedent’s surviving spouse. In addition an oral settlement agreement was reached but not signed by the parties, Appel lants filed a motion to compel settlement that was denied. Respondent also entered into a distribution agreement with the children through their guardian ad litem and such agreement was approved by the court.
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