Estate of Goick

Michael and Barbara Goick, married with three children, filed for divorce and reached an oral settlement at a hearing but never signed a written settlement agreement, and the court never entered a final divorce order before Michael died, at which point the divorce proceedings were dismissed. Barbara (plaintiff) petitioned for appointment as personal representative of Michael's estate as his surviving spouse; Michael's mother, brother, and sister (defendants) objected, arguing the divorce hearing had purported to terminate the couple's marital property rights, disqualifying Barbara as a surviving spouse. The district court granted Barbara summary judgment, finding her Michael's surviving spouse and appointing her personal representative; the relatives appealed.