Estate of THOMAS KAYE COLEMAN, Deceased. JOHN M. BARLOW, Petitioner and Appellant, v. JENNIFER HOWARD et al., Contestants and Respondents
129 Cal. App. 4th 380 · C046442
California Court of Appeal, Third Appellate District · Filed
Published · citable
Holding
The court held that the trial court erred in denying probate of the decedent's will on the basis that it violated Probate Code section 6122, as the default clause in the will, which incorporated the terms of the trust for distribution, remained valid and operative after the revocation of the trust and the dissolution of the marriage, requiring that the former spouse be treated as having predeceased the decedent and the estate distributed to the daughters.
Statutes construed
- CCP § 437c
- PROB § 6122