Estate of McDaniel

Full title: MARIANNE McDANIEL, Petitioner and Respondent, v. MARIE McDANIEL, Objector…

Court: California Court of Appeals, Third District, Placer

Date published: Apr 16, 2008

No. C054314 (Cal. Ct. App. Apr. 16, 2008)

Opinion

Estate of TROY McDANIEL, Deceased. MARIANNE McDANIEL, Petitioner and Respondent, v. MARIE McDANIEL, Objector and Appellant. C054314 California Court of Appeal, Third District, Placer April 16, 2008

Super. Ct. No. SPR4124

ORDER MODIFYING OPINION

RAYE, Acting P.J.

COPY

It is ordered that the opinion filed herein on March 27, 2008, be modified as follows:

On page 7, in the first full paragraph, the sentence beginning “In whatever manner spousal inheritance rights might be determined” is modified to read as follows:

In whatever manner spousal inheritance rights might be determined under other circumstances, under the circumstances presented here, section 78, subdivision (d) determines such rights, denying them to a person in Marie’s position because she is not deemed a surviving spouse within the meaning of the Probate Code and is therefore ineligible to inherit all or any of Troy’s estate.

There is no change in the judgment.

MORRISON, J., HULL, J.