I have been getting a lot of litigation recently over marital vs. estate property. I have been unable to find any case on point. The best I have been able to come up with is that if the property is commonly used by both parties during the marriage, it is arguably martial. If the property is of a more personal natural (i.e. jewelry, guns, etc.), it is the property of the deceased's estate at death. This is an area some caselaw will develop on at some point.