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Waiver of Survivorship Rights in Complete Property Settlement Agreement

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Welch v. Welch, No. B311507, 2022 Cal. App. LEXIS 469 (Ct. App. May 31, 2022)

Under Probate Code 145, a spouse waives his or her interest in the other spouse's estate by entering into "a complete property settlement agreement after or in contemplation of a separation, dissolution or annulment of their marriage."  This decision holds that to operate as such a waiver, the settlement agreement need not recite that it waives that right nor that… Read More