Estate of Wallace CA1/1

Filed 8/6/21 Estate of Wallace CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Estate of RICHARD B. WALLACE, Deceased.

MARY J. MURPHY, A161574

Petitioner and Respondent, (Sonoma County v. Super. Ct. No. SPR093374) JENNIFER WALLACE, Objector and Appellant.

Jennifer Wallace appeals from an order granting letters testamentary to Mary Murphy, decedent’s surviving spouse. Wallace contends the trial court “prematurely” issued the letters of administration ahead of a bifurcated trial on the issue of whether Murphy has a right of distribution from the estate as a beneficiary. For reasons discussed below, we affirm. I. BACKGROUND Richard B. Wallace1 (decedent) and Mary J. Murphy were married on June 15, 2004. About a month before their marriage, Richard and Murphy entered into a premarital agreement. As relevant to this appeal, paragraph

Because Richard Wallace and his daughter, Jennifer Wallace, share 1

the same last name, we refer to them by their first names for clarity. We intend no disrespect.

No. 16 of the premarital agreement provides: “WAIVER OF RIGHTS ON DEATH OF OTHER PARTY: Each party hereby waives the right to receive any property or rights whatsoever on the death of the other, unless such right is created or affirmed by the other under a will or other written document executed after the date of the parties’ marriage.” Paragraph No. 13 of the premarital agreement stated, in relevant part: “NO RESTRICTIONS ON TRANSFERS AT DEATH OR NOMINATION OF EXECUTOR: Despite any other provision of this agreement, either party may transfer any property to the other at death or nominate the other as Executor of his or her estate, under a will or other written document executed after the date of the parties’ marriage, and the other party may receive such transfer and act as Executor if nominated.” Murphy signed the agreement on May 7, 2004, and Richard signed on May 10. The same day he signed the premarital agreement, Richard executed a “Last Will and Testament” (will) nominating Mary as executor and Steve Nagel as alternate or successor executor and bequeathing his estate to Mary and his children in equal shares.2 The parties do not dispute that Richard never amended his will, made another will, or revoked the will. Richard died in July 2019. Shortly thereafter, Murphy filed a petition to admit the will to probate and appoint her as executor. On August 26, Jennifer filed an “Opposition to Appointment of Mary J. Murphy as Personal Representative of Estate, Request to Appoint Second Named Executor Steve Nagel, or alternatively Request for Appointment by entitled party Jennifer