Kircher

Defendant and appellant Adelaide Kircher appeals the judgment entered after a bench trial. Adelaide contends (1) the trial court erred by concluding that a marital settlement agreement (MSA) between Adelaide’s deceased husband, Vincent Kircher, and his former wife, plaintiff Bonnie Kircher, which was executed in June 1976 and modified in 1987 by stipulation of the parties, waived the provisions of Family Code, section 4337 and provided for continuing support payments to Bonnie after Vincent’s death; (2) the trial court erred by concluding that Adelaide is personally liable to Bonnie for such continuing support payments in an amount not exceeding the fair market value of real property held by Vincent and Adelaide as joint tenants at the time of Vincent’s death, pursuant to sections 13550 to 13551 of the Probate Code.

We conclude that the modified MSA waived the provisions of Family Code section 4337 and provided for continuing support payments to Bonnie after Vincent’s death. Moreover, we find no error in the trial court’s legal conclusion that the property held in joint tenancy falls within the ambit of section 13551. Accordingly, the judgment is affirmed.

Facts

The…