Bonanno v. Connolly

I.

INTRODUCTION

A man died intestate. His daughter, girlfriend of 12 years, and his estranged wife, all claimed portions of his estate. The three resolved their disputes in a written settlement agreement. Thereafter, the wife filed petitions pursuant to Probate Code section 13650, asking that her share of the estate (as delineated in the settlement agreement) pass to her without administration and be confirmed as property belonging to her as surviving spouse pursuant to Probate Code section 13500. The probate court granted the surviving wife’s petitions.

The effect of the probate court’s ruling does not alter the distribution of the estate property as delineated in the settlement agreement. Rather, it reduces the administration commissions that are to be paid to the daughter, who acted as estate administrator for years, and reduces the attorney fees that are to be paid to the estate’s attorney, who acted as the estate’s attorney for years.

The daughter, as the administrator of the estate, appeals from the probate court’s ruling. We reverse, holding that the estranged wife is estopped from asserting her statutory rights to have her share of the decedent’s property pass…