In re Leete Estate

Frederick DeLand Leete III and Barbara R. Leete had no children from their marriage, but both had children from previous marriages. In 1976, Frederick made a will leaving a cottage he had inherited to Barbara if she survived him by more than 30 days. The will provided that, if Barbara did not survive Frederick as required, then the cottage would pass to Frederick’s children. In 1996, Frederick executed a quitclaim deed granting the cottage to himself and Barbara as tenants by the entirety. On February 28, 2008, Barbara’s daughter (plaintiff) went to the couple’s home and found Barbara dead and Frederick unconscious due to carbon monoxide poisoning. Barbara’s death certificate listed her time of death as unknown and her date of death as February 28. Frederick died in the hospital at 9:10 p.m. on March 3. Barbara died intestate. Barbara’s daughter, as personal representative of her estate, notified Frederick’s estate (defendant) that Barbara’s estate sought a one-half interest in the cottage because Frederick had not survived Barbara by more than 120 hours, as required by the Michigan simultaneous-death statute. Frederick’s estate argued that the case was controlled by an exception to the statute and that the cottage belonged entirely to Frederick’s estate. The probate court held that the statute applied. Frederick’s estate appealed.