Allen v. First Presbyterian Church of Ironwood

The issue in this case is whether a spouse unintentionally omitted from a will is entitled to a share of several Totten trust accounts which the decedent created before her marriage. We conclude the beneficiary of the Totten trusts is entitled to the proceeds of the Totten trusts. We therefore affirm the judgment.

Facts

The facts of this case are undisputed. In 1987, Hazel Morris, a single woman without children, executed a will leaving her property to the First Presbyterian Church of Ironwood, Michigan (hereafter Church) and her executor, and opened three Totten trust accounts naming the Church as beneficiary. In March 1990, Hazel married Ernest Allen. She died later that year without amending her will or otherwise providing for Ernest. At the time of her death, her property consisted entirely of her separate personal property.

Ernest filed a petition seeking one-half of Hazel’s property as a surviving spouse who had been unintentionally omitted from the will pursuant to Probate Code section 6560. The Church filed a petition seeking a determination the Totten trusts belonged to it. Ernest responded to the Church’s petition, contending he was entitled to one-half of…