Biernat v. Alba

Appellant, Lewis Alba, appeals from the judgment in favor of respondents, Stanley A. Biernat (as trustee for his minor children) and Ruth M. Keegan, adjudging that respondents are entitled to receive their respective bequests of $10,000 each from the estate of Helen Alba under the provisions of her will and that said bequests are to be paid from the sale of decedent’s one-half undivided interest in certain property situated in Redwood City. The sole issue presented on this appeal is whether the trial court properly denied appellant’s petition seeking to have this property set aside as a probate homestead, this determination in turn making the subject property, which was the sole asset in dece dent’s estate, available for satisfaction of decedent’s bequests to respondents. We have concluded that the trial court erred and that it should have set aside a probate homestead to appellant.

The Record

Appellant and decedent were husband and wife and remained married until decedent’s death. During the marriage each of the spouses worked and they acquired three parcels of real property, each of which was held in joint tenancy. On April 4, 1962 appellant and decedent consulted an attorney…