California Court of Appeal

In an intestacy situation where a husband deceased before the effective date of a stipulated judgment dissolving the marital partnership, the trial court properly found that the wife was not entitled to an intestate share as a "surviving spouse" within the meaning of section 78 of the Probate Code because she was by the time of decedent's death "a party to a valid proceeding concluded by an order purporting to terminate all marital rights" within the meaning of 78(d).

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Joseph A. Magda for Appellant.


• For Appellees:
  
• Judy L. Carver for Respondent.