Estate of RICHARD A. GIBSON, Deceased. JAMES GIBSON, as Administrator, Etc., Petitioner and Respondent, v. MARDELL GIBSON, Claimant and Appellant
219 Cal. App. 3d 1486 · F011972
California Court of Appeal, Fifth Appellate District · Filed
Published · citable
Holding
The court held that a marital settlement agreement, once merged into a final judgment of dissolution, is superseded by the decree and is enforceable as a court order, not a contract, and is therefore not subject to the statutory requirements for spousal waivers of probate rights set forth in Probate Code sections 140 through 147.
Statutes construed
- CCP § 473
- CIV § 4800
- PROB § 10400
- PROB § 140
- PROB § 141
- PROB § 142
- PROB § 143
- PROB § 144
- PROB § 145
- PROB § 146
- PROB § 147