Bagowa v. Scalia

The primary question raised by this appeal is whether A.R.S. § 14-2204 (Uniform Probate Code § 2-204), infra, requires that a waiver of rights by a surviving spouse in a decedent spouses estate be reduced to writing and signed by the surviving spouse before it is effective. The trial court was of the opinion that the statute did not require a writing and denied appellants petition to establish her rights as surviving spouse under her decedent husbands will, and for an allowance in lieu of homestead, for exempt property and for a family allowance.