Estate of CLARENCE G. LAHEY, Deceased. FRANCES LAHEY, Petitioner and Appellant, v. DOROTHY BIANCHI, as Administrator, etc., Objector and Respondent
76 Cal. App. 4th 1056 · A085550
California Court of Appeal, First Appellate District · Filed
Published · citable
Cited by 2
Holding
The court held that a spouse who obtained a final judgment of legal separation, which adjudicated the absence of community property and terminated spousal support rights, is excluded from the statutory definition of a "surviving spouse" for purposes of intestate succession under Probate Code section 78, subdivision (d).
Statutes construed
- FAM § 2347
- FAM § 2550
- FAM § 2556
- FAM § 4330
- FAM § 4336
- PROB § 140
- PROB § 141
- PROB § 142
- PROB § 143
- PROB § 144
- PROB § 145
- PROB § 146
- PROB § 147
- PROB § 6401
- PROB § 78
Cited by (2)
- Estate of TROY L. McDANIEL, Deceased. MARIANNE McDANIEL, Petitioner and Respondent, v. MARIE McDANIEL, Objector and Appellant (2008) 161 Cal. App. 4th 458
- Marianne IRVIN, Plaintiff and Appellant, v. CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION et al., Defendants and Respondents. (2017) 220 Cal. Rptr. 3d 510