Troy and Marie McDonald had a rocky marriage marked by domestic disturbances and substance abuse. They filed

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Troy and Marie McDonald had a rocky marriage marked by domestic disturbances and substance abuse. They filed for divorce and a judge had issued a final order of dissolution to be effective in October 2005. In the interim, however, Marie and Troy were working toward reconciliation and were contemplating asking the court to withdraw the dissolution order. Tragically, Troy died in a motorcycle accident during the reconciliation period, after the order was filed but before it was officially effective. Troy’s mother claimed that she and Troy’s father should inherit his entire intestate estate because Marie was not a surviving spouse within the meaning of California Law. Marie opposed this. The Probate Code states that “surviving spouse” does not include “[a] person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.” Marie argued that they were getting back together and the divorce was not finalized. Who was correct?

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Business Law The Ethical Global and E-Commerce Environment

ISBN: 978-1259917110

17th edition

Authors: Arlen Langvardt, A. James Barnes, Jamie Darin Prenkert, Martin A. McCrory

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