Estate of Anderson

Good Law
60 Cal. App. 4th 436·70 Cal. Rptr. 2d 266
Court of Appeal of CaliforniaDecember 23, 1997A078749California2,706 words

Opinion

Opinion

Ruvolo, J.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 438 OPINION Petitioner and appellant Orange Pierson (Pierson) appeals from the denial of his petition to determine distribution rights in the estate of *Page 439 Jessie Lee Anderson (decedent). (Prob. Code, § 11700 ) The primary issue is whether the trial court correctly applied the doctrine of estoppel to prevent Pierson, an undivorced bigamous spouse, from asserting his inheritance rights as a "surviving spouse" against the estate of his legally recognized first spouse who died intestate. We affirm, finding Pierson was properly estopped from claiming spousal inheritance rights. FACTS The decedent died intestate on June 18, 1996. On December 4, 1996, Pierson filed a petition to determine distribution rights, by which he sought a judicial declaration that he was the decedent's "surviving spouse," which would entitle him to a one-half distributive share of decedent's estate pursuant to Probate Code section 6401 , subdivision (c)(2)(B). The estate's administrator filed objections to Pierson's petition. Pierson's petition was decided by the court…

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