Jacobs-Zorne
Jacobs-Zorne v. Superior Court
Opinion
Opinion
Johnson, J.
Helen Swonetz, the surviving spouse of Harry Swonetz, filed a petition under Probate Code section 9860 seeking to have the nature of certain bank accounts determined to be joint tenancy as opposed to probate property. The executor and other beneficiaries under the will objected, claiming such action violated the no contest provision in Harry Swonetz’s will. Mrs. Swonetz filed a motion for summary adjudication on this issue. The executor and beneficiaries appeal from the court’s determination the no contest clause was not violated by Mrs. Swonetz’s action.
Facts and Proceedings Below
Real party in interest, Helen Swonetz, is the surviving spouse of Harry Swonetz who died on October 31, 1992. The two were married on January 25, 1986. Eleven days before their marriage, Mr. Swonetz executed his last will and testament. It declared his intention to marry Mrs. Swonetz, stated all references to a spouse were to her, and listed who his children and grandchildren were, including appellants, Lorraine Jacobs-Zorne, Shirley Shuman (his two daughters) and Marc Paul Jacobs (one of four grandchildren).
Article second of the will provided: “I confirm to my spouse my spouse’s interest…