Estate of Gibson

This is an appeal from a minute order wherein the trial court granted a motion for directed verdict on a petition to determine distribution of decedent Richard A. Gibson’s estate. The ruling was in favor of decedent’s son, James Gibson, acting as administrator of decedent’s estate (respondent), who contended that the surviving spouse, Mardell Gibson (appellant), should take nothing from decedent’s estate due to the preclusive effect of a prior judgment in which she had waived her right to inherit from decedent. We affirm.

Pertinent Proceedings and Facts

By way of background, decedent and appellant were married for less than six years; respondent is decedent’s son from a previous marriage.

On July 29, 1985, a hearing regarding dissolution of the marriage of decedent and appellant was held in Kern County Superior Court case No. 512050. The resulting minute order recited the previous entry of default and that the petitioner (decedent herein) was duly sworn and testified. A judgment of dissolution was ordered, and the marital property settlement agreement dated July 2, 1985, was approved and incorporated as part of the judgment. The parties were “ordered to fully comply…