Wife Estopped from Arguing That Her Share of Estate Should Bypass Probate Administration

A California appeals court rules that because a decedent's estranged wife took advantage of, and financially benefited from, her step-daughter's long administration of the decedent's estate, she is estopped from arguing that her share of the estate should bypass probate administration. Estate of Bonanno(Cal. App., 2nd Distr., Div. 3, No. B200340, July 22, 2008).

When Louis J. Bonanno died intestate, he was survived by his estranged wife, Jean, his daughter from a previous marriage, Jacqueline Connolly, and his long-term girlfriend. The three survivors filed competing claims to his estate. In addition, Ms. Connolly administered the estate.

After a settlement agreement was entered, Ms. Bonanno, acting pursuant to a statute that entitles spouses to a summary procedure, filed petitions seeking a determination that the decedent's property was to pass to her, as surviving spouse, without probate administration. The practical effect would be to reduce the value of the probate estate as well as Ms. Connolly's administration fees and the attorney's fees, which are linked to the value of the estate.

The probate court granted Ms. Bonanno's summary judgment motion and property petitions. The court determined that the settlement agreement did not evidence an intent on Ms. Bonanno's part to elect to have her share of the estate administered. Moreover, the court found that Ms. Bonanno had not waived her rights to proceed with the spousal property petitions and was not estopped from doing so. Ms. Connolly appealed.

The Court of Appeals of California, reverses, finding that the probate court erred in rejecting Ms. Connolly's estoppel argument. Because Ms. Bonanno took advantage of, and benefited from Ms. Connolly's administration of the estate over several years, and because it would be "unfair and inequitable" to find otherwise, Ms. Bonanno is estopped from arguing that the property she is to receive should bypass probate administration.

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