Estate of MAURICIO RICHTER, Deceased; SYLVIA RICHTER, Petitioner and Appellant, v. FRANK S. VARGA et al., Objectors and Respondents
12 Cal. App. 4th 1361 · B068268
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that a petition to determine a surviving spouse’s community property interest in assets acquired during marriage does not constitute a contest of the decedent’s will when the will disposes of the "residue of my estate" in general terms without a specific declaration that all property is separate, and that extrinsic evidence cannot be used to transform such a general disposition into a declaration requiring an election.
Statutes construed
- PROB § 1240
- PROB § 21305
- PROB § 21320
- PROB § 7240
Cited by (4)
- Estate of RAUL MIRAMONTES-NAJERA, Deceased. EVANGELINA B. MIRAMONTES, Petitioner and Appellant, v. SILVIA LIZARRAGA PRECIADO et al., Objectors and Respondents (2004) 118 Cal. App. 4th 750
- LORRAINE JACOBS-ZORNE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HELEN SWONETZ, Real Party in Interest (1996) 46 Cal. App. 4th 1064
- SACHIKO GENGER, Petitioner and Appellant, v. ROBERT DELSOL et al., Objectors and Respondents (1997) 56 Cal. App. 4th 1410
- Estate of Kaila (2001) 114 Cal. Rptr. 2d 865
Authorities cited (4)
- Estate of ANGELEN KAZIAN, Deceased. SECURITY PACIFIC NATIONAL BANK, as Executor, etc., et al., Petitioners and Respondents, v. ONIG KAZIAN, Claimant and Appellant 59 Cal.App.3d 797
- Estate of EDGAR LAURENCE DOW, Deceased. MAXINE PATRICIA HUTCHINSON, Appellant, v. MAXINE B. DOW, Individually and as Administratrix With the Will Annexed, etc., Respondent 149 Cal.App.2d 47
- Estate of LEO BLACK, Deceased. DONNA GRAHAM, Petitioner and Appellant, v. DONNA F. ROBERTS, as Co-executrix, etc., et al., Objectors and Appellants 160 Cal.App.3d 582
- Estate of EUDICE L. FRIEDMAN, Deceased. JOYCE D. GRUNAUER, Petitioner and Appellant, v. DANIEL FRIEDMAN, Objector and Respondent; UNITED CALIFORNIA BANK, as Executor, etc., Respondent 100 Cal.App.3d 810