Estate of Hafner

184 Cal. App. 3d 1371 · B005226

California Court of Appeal, Second Appellate District · Filed August 27, 1986

Published · citable Cited by 8

Holding

The court held that a decedent’s intestate estate, which constituted his separate property as to his lawful spouse and children, must be divided equally between his lawful heirs and his good faith putative spouse, with one-half distributed to the lawful spouse and children pursuant to former Probate Code section 221 and the other one-half distributed to the putative spouse as quasi-marital property pursuant to Civil Code section 4452 and former Probate Code section 201.

Statutes construed

CCP § 1911
CCP § 377
CIV § 242
CIV § 4350
CIV § 4401
CIV § 4452
CIV § 4800
CIV § 5118
CIV § 5126
CIV § 5131
CIV § 687
EVID § 459
PEN § 281
PROB § 201
PROB § 6103

Cited by (6)

Estate of LESLEY LOREN SHELLENBARGER, Deceased. LAURA A. BARNES, Petitioner and Appellant, v. CLIFFORD SHELLENBARGER, Objector and Respondent (2008) 169 Cal. App. 4th 894
Estate of LESLEY LOREN SHELLENBARGER, Deceased. LAURA A. BARNES, Petitioner and Appellant, v. CLIFFORD SHELLENBARGER, Objector and Respondent (2008) 169 Cal. App. 4th 894
LARRY T. PARSON, as Trustee, etc., Plaintiff and Appellant, v. SIGRID PARSON, Defendant and Respondent (1996) 49 Cal. App. 4th 537
LARRY T. PARSON, as Trustee, etc., Plaintiff and Appellant, v. SIGRID PARSON, Defendant and Respondent (1996) 49 Cal. App. 4th 537
Estate of JESSIE LEE ANDERSON, Deceased; ORANGE PIERSON, Petitioner and Appellant, v. SHARON BABB-FREE, as Administrator, etc., et al., Objectors and Respondents; ROCHELLE ANDERSON, Claimant and Respondent (1997) 60 Cal. App. 2d 436
Estate of JESSIE LEE ANDERSON, Deceased; ORANGE PIERSON, Petitioner and Appellant, v. SHARON BABB-FREE, as Administrator, etc., et al., Objectors and Respondents; ROCHELLE ANDERSON, Claimant and Respondent (1997) 60 Cal. App. 2d 436