Estate of TED WILL, Deceased. CAROL ANDERSON, as Trustee, etc., Petitioner and Appellant, v. LORI TINSLEY, as Administrator, etc., Objector and Respondent
170 Cal. App. 4th 902 · B200639
California Court of Appeal, Second Appellate District · Filed
Published · citable
Cites 3
Holding
The court held that a premarital agreement containing a waiver of inheritance rights, which did not comply with the stringent procedural requirements of Family Code section 1615, could nonetheless be independently enforced under the Probate Code’s statutory framework for spousal waivers, provided the probate court found the waiver was fair and reasonable and executed with adequate knowledge.
Statutes construed
- FAM § 1615
- PROB § 140
Authorities cited (3)
- Estate of GREGORY ALLEN BURDEN, Deceased. TARA BURDEN, Petitioner and Appellant, v. DALE AGNEW, Objector and Respondent 146 Cal.App.4th 1021
- Estate of LAWRENCE J. GAGNIER, Deceased. LAWRENCE J. GAGNIER, JR., et al., Petitioners and Appellants, v. NANCY J. GAGNIER, Objector and Appellant 21 Cal.App.4th 124
- Estate of LESLEY LOREN SHELLENBARGER, Deceased. LAURA A. BARNES, Petitioner and Appellant, v. CLIFFORD SHELLENBARGER, Objector and Respondent 169 Cal.App.4th 894