Estate of MINNIE S. McDILL, Deceased. FLORENCE VESEL, Petitioner and Appellant, v. GEORGE MacMILLAN MARTIN et al., Claimants and Respondents
14 Cal. 3d 831 ·
Supreme Court of California · Filed
Published · citable
Cited by 8
Holding
The court held that the statutory scheme for distributing a decedent’s former community property, as set forth in Probate Code sections 228, 230, and 296.4, requires that the next of kin of the decedent take precedence over the next of kin of the decedent’s predeceased spouse, and that the 1969 amendment to section 228 was intended to prevent escheat only when the decedent leaves no next of kin at all.
Statutes construed
- CCP § 1858
- CIV § 3541
- PROB § 228
Cited by (8)
- Estate of ROSE M. JOHNSON, Deceased. KENNETH MARGOLIS-JOHNSON, as Special Administrator, etc., Petitioner and Respondent, v. OHIO CASUALTY INSURANCE COMPANY, Defendant and Appellant (1984) 162 Cal. App. 3d 917
- Estate of JOHANNA A. HEATH, Deceased. ELKE HARRINGTON, as Administrator, etc., Petitioner and Respondent, v. MARK J. SALADINO, as Public Administrator, etc., Objector and Appellant (2008) 166 Cal. App. 4th 396
- Estate of LESLEY LOREN SHELLENBARGER, Deceased. LAURA A. BARNES, Petitioner and Appellant, v. CLIFFORD SHELLENBARGER, Objector and Respondent (2008) 169 Cal. App. 4th 894
- ELIZABETH PRYOR, Plaintiff and Appellant, v. JENNIFER LEE PRYOR, Defendant and Respondent (2009) 177 Cal. App. 4th 1448
- JEFFREY R. GOLIN et al., Plaintiffs and Appellants, v. CLIFFORD B. ALLENBY et al., Defendants and Respondents (2010) 190 Cal. App. 4th 616
- Estate of ETHEL IONE BEGLEY, Deceased. LLOYD CRIPPS, as Administrator, etc., Petitioner and Respondent, v. CLAUDIA LARSEN, Claimant and Appellant; MARGORIE McKINLEY et al., Claimants and Respondents (1988) 201 Cal. App. 3d 791
- Estate of GUISEPPE CASTIGLIONI, Deceased. ANNIE J. CASTIGLIONI, Petitioner and Respondent, v. ELIZABETH DEL POZO, as Special Administrator, etc., Objector and Appellant (1995) 40 Cal. App. 4th 367
- FRANCES HARUSTAK et al., Plaintiffs and Appellants, v. JUDY WILKINS, as Trustee, etc., Defendant and Respondent (2000) 84 Cal. App. 4th 208