In Re: Estate of Adam James Burress

This appeal involves several issues regarding the disposition of certain assets of and relating to the estate of Adam James Burress ("Decedent"), who died intestate in a one-car accident on March 5, 2001. The Trial Court imposed an equitable lien on the insurance proceeds of an automobile collision policy in favor of Eva Burress, the Decedent's grandmother, in the amount which the Court found she loaned to Decedent in order to purchase the automobile, which was totally destroyed in the accident. The Appellant, Sue Michelle Burress ("Widow"), Decedent's wife, argues on appeal that the Trial Court erred in failing to award her the insurance proceeds, and in ruling that payment of the funeral expenses should take precedence over the spousal support allowances and all other claims. The Appellees, Roy and Eva Burress, Decedent's grandparents, and Jeff and Linda Burress, Decedent's parents, have appealed the Court's ruling that the mobile home in which Decedent and Widow lived prior to their separation was not permanently affixed to the grandparents' land and thus was the Widow's personal property. We modify the judgment so as to provide that the Widow's statutory year's support allowance is exempt from claim against the estate for reimbursement of funeral expenses. We affirm the judgment of the Trial Court in all other respects.