Estate of Hafner

The principle issue presented by this case is: as between the surviving, innocent, wife and children of a bigamous husband, and his surviving, innocent, putative spouse 1 and their child, who is entitled to *1377 succeed to the husband’s intestate estate when that estate is, as to his surviving wife and children, the husband’s separate property and is, as to the putative spouse, quasi-marital property?

We hold that, as separate property, one-half of the estate goes to the surviving wife and four children of the decedent for distribution pursuant to former section 221 of the Probate Code (hereafter section 221) and the other one-half goes to the surviving putative spouse as quasi-marital property pursuant to Civil Code section 4452 and former section 201 of the Probate Code (hereafter section 201).

Factual Background and Proceedings Below

Joan Hafner (Joan) and the decedent Charles J. Hafner (Charles) were married on June 12, 1954, in the State of New York; it was the first marriage for each of them. Following their marriage they took up residence in College Point, New York. Joan has continued to live in or near College Point ever since. The marriage between Joan…

The majority’s decision fails to grant the surviving putative spouse, Helen Hafner, any share of the deceased’s separate property. The majority thereby ignores our Supreme Court’s decision in Estate of Leslie (1984) 37 Cal.3d 186 [ 207 Cal.Rptr. 561 , 689 P.2d 133 ], and the statutory scheme set forth in former Probate Code section 221 1 governing intestate succession to separate property.

*1401 Intestate succession in California is governed exclusively by statute. The basic flaw in the majority’s analysis is that it attempts to apply equitable principles in distributing the decedent’s estate instead of following the statutory scheme.

The majority relies on decisions which predate the enactment of Civil Code section 4452 (section 4452). These appellate decisions applied equitable principles to establish the right of a surviving putative spouse to succeed to a distributive share of property accumulated during a putative union under former Probate Code sections 201 and 201.5 (dealing with community and quasi-community property respectively) as a “surviving spouse.” 2 The equitable doctrines developed in the pre-section 4452 line of cases did not alter the formula for intestate…

Douglas C. Miller, Fine, Perzik & Friedman and Steinberg, Miller, Bogan & Goldstein for Objectors and Appellants.

Lloyd A. Bulloch for Petitioner and Respondent and for Claimant and Appellant.

OPINION

DANIELSON, J.

The principle issue presented by this case is: as between the surviving, innocent, wife and children of a bigamous husband, and his surviving, innocent, putative spouse [1] and their child, who is entitled to succeed to the husband's intestate estate when that estate is, as to his surviving wife and children, the husband's separate property and is, as to the putative spouse, quasi-marital property?

We hold that, as separate property, one-half of the estate goes to the surviving wife and four children of the decedent for distribution pursuant to former section 221 of the Probate Code (hereafter section 221) and the other one-half goes to the surviving putative spouse as quasi-marital property pursuant to Civil Code section 4452 and former section 201 of the Probate Code (hereafter section 201). [2]

Joan Hafner (Joan) and the decedent Charles J. Hafner (Charles) were married on June 12, 1954, in the State of New York; it was the first marriage for each of them.…