California Court of Appeal

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Estate of Will, B200639

Probate court order determining that spouse of the deceased was not an omitted spouse in the trust or estate of decedent is affirmed where the Legislature's omission of Probate Code section 140 in Family Code section 1615, regarding premarital inheritance waivers by surviving spouses, implied Legislature's intention that omitted spouse waivers continue to be governed independently by the Probate Code.

Appellate Information

  • Decided 01/27/2009
  • Published 01/27/2009

Judges

  • GILBERT, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Myers, Widders, Gibson, Jones & Schneider, LLP, Katherine E. Stone, J. Roger Myers, Ventura, for Petitioner and Appellant.

  • For Appellees:
  • Norman Dowler, LLP, Richard M. Norman;  Arnold, Bleuel, LaRochelle, Mathews & Zirbel, LLP, Matthew P. Guasco, Ventura, for Objector and Respondent.
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