Estate of Gordon CA2/3

INTRODUCTION

Rose Marie Gordon appeals from an order denying her petition to receive a statutory distribution as an omitted spouse from the estate of her late husband, Ken Gordon.1 In November 2001, Rose and Ken executed a premarital agreement that contained a mutual waiver of all rights in the other’s estate by reason of the proposed marriage. In denying Rose’s petition, the trial court made the requisite factual findings for enforcement of the inheritance waiver under the relevant provisions of the Probate Code. The court’s findings are supported by substantial evidence. We affirm.

FACTS AND PROCEDURAL BACKGROUND

Ken and Rose Gordon were married December 1, 2001. Ken was 63 and Rose was 54. Ken had been divorced twice, and Rose was divorced once. Ken was an attorney, Rose was a real estate broker. Ken had a daughter from a previous marriage, who is the prime beneficiary of his will. Rose has a son and a daughter. Seven months before they were married, Rose moved into Ken’s Manhattan Beach residence. On November 28, 2001, three days before their wedding, Ken presented Rose with a premarital agreement while they were running errands for the wedding. They had “chatted” about the…