Spousal Property Petition

Cal. Super. - 2nd Dist.October 21, 2016

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:00:00 AM JUDICIAL OFFICER PRESIDING: Glen Reiser COUNTY OF VENTURA OXNARD DATE: 12/07/2016 DEPT: J6 CLERK: Jacqueline Flores REPORTER/ERM: Shelley Watkins CASE NO: 56-2016-00488077-PR-SP-OXN CASE TITLE: In The Matter of Robert Karl Finkbeiner CASE CATEGORY: Probate CASE TYPE: Spousal Property EVENT TYPE: Spousal Property Petition MOVING PARTY: Tami Finkbeiner CAUSAL DOCUMENT/DATE FILED: Spousal Property Petition, 10/21/2016 STOLO APPEARANCES STOLO Tami Finkbeiner, self represented Petitioner, present telephonically. Stolo At 09:43 a.m., court convenes in this matter with all parties present as previously indicated. Counsel have received and read the court's written tentative ruling. Matter submitted to the Court with argument. The Court finds/orders: Motion to continue by Finkbeiner is granted. The Court finds/orders: Verified Supplement to be served and filed on or before 01/05/2017 by Petitioner(s). Spousal Property Petition continued to 01/12/2017 at 09:00 AM in department J6. Tentative Ruling dated 12/07/2016 Continued January 12, 2017 at 09:00 a.m., Courtroom J6: According to the verified spousal property petition, petitioner and decedent were legally separated by order of legal separation filed December 19, 2013, in case D355048. This court believes the actual case number is D355808, petitioner's referenced case number involving the same parties but different issues. According to the verified petition, the assets as to which petitioner seeks entitlement were awarded in that final judgment to decedent as his sole and separate property. As a matter of law, on these facts, petitioner retains no inheritance rights. Estate of McDaniel (2008) 161 Cal. App. 4th 458 , 462-464; Estate of Lahey (1999) 76 Cal. App. 4th 1056, 1058-1060. The petition is denied. Assuming decedent died intestate, his estate passes entirely to his son, Jesse. VEN-FNR-10.03 MINUTE ORDER DATE: 12/07/2016 Page 1 DEPT: J6 CASE TITLE: In The Matter of Robert Karl Finkbeiner CASE NO: 56-2016-00488077-PR-SP-OXN STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 12/07/2016 Page 2 DEPT: J6