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IN RE ESTATE OF KIRKES

No. CV-12-0120-PR.

295 P.3d 432 (2013)

In re the ESTATE OF Fred N. KIRKES.

Supreme Court of Arizona, En Banc.

March 1, 2013.

Attorney(s) appearing for the Case

Law Office of Ethan Steele, P.C. by Ethan Steele, Tucson, and Timothy A. Olcott, P.C. by Timothy A. Olcott, Green Valley, Attorneys for Gail J. Kirkes.

Waterfall, Economidis, Caldwell, Hanshaw, & Villamana, P.C. by Jill D. Wiley, Tucson, Attorneys for Joshua C. Kirkes.

OPINION

BERCH, Chief Justice.

¶ 1 This case addresses whether a spouse, at death, can leave more than one-half of a community-owned retirement account to a non-spouse beneficiary. We conclude that, absent unusual circumstances, the deceased spouse may, as long as the surviving spouse receives at least one-half of the community's value.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 Fred Kirkes...

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