In re Estate of Laubenheimer, 833 N.W.2d 735 (Wis. 2013)

(decedent’s step-daughter claimed post-death that decedent step-mother’s marriage to father was void due to step-mother’s lack of mental capacity to marry shortly before death; father entitled to spousal share of estate (in this case everything); trial court held it could not annul marriage because decedent had died; on appeal, court drew distinction between annulment and declaration that marriage was void; action under Uniform Declaratory Judgment Act (UDJA) is appropriate manner to challenge validity of marriage post-death; legislative amendment to annulment statute did not evidence intent to limit judiciary’s ability to declare rights and status with respect to marriages, and UDJA does not conflict with annulment statute; trial court decision reversed and case remanded; on remand, marriage presumed valid and step-daughter bears burden to prove marriage should be voided upon presenting clear and convincing evidence that decedent lacked mental capacity to enter into marriage). Annotation