Welch v. Welch
B311507
California Court of Appeal, Second Appellate District · Filed
Published · citable
Holding
The court held that the five‑page mediation settlement agreement (MSA) executed by Freeman H. Welch and his late wife Patricia Ann Welch constituted a “complete property settlement” within Probate Code § 145, thereby operating as a statutory waiver of Freeman’s surviving‑spouse rights under Probate Code § 141. Accordingly, the probate court’s finding that the MSA was not a complete settlement was erroneous, and the appellate court reversed and remanded for further proceedings consistent with this determination. ---
Statutes construed
- CCP § 473
- CCP § 664.6
- CIV § 1598
- CIV § 1636
- CIV § 1638
- CIV § 1647
- FAM § 2040
- FAM § 2102
- FAM § 2103
- FAM § 2104
- FAM § 2105
- FAM § 721
- PROB § 140
- PROB § 145
- PROB § 8501