Irvin v. Contra Costa Cnty. Ret. Assn. (2017)

Irvin v. Contra Costa County Retirement Association, et al. (2017), from the First Appellate District, Division One, in San Francisco, concerns a civil dispute between a widow, Marianne Irvin, and her late husband Richard Irvin’s Contra Costa County Retirement Association (“Association”) pension plan governed by the County Employees Retirement Law of 1937 (“CERL,” Gov. Code … [Read more…]

Estate of Britel (2015)

Estate of Amine Britel (2015) grapples with the term “openly held out” in subdivision (b)(2) of Probate Code section 6453 for the purpose of establishing a parental relationship (paternity) and ultimately the heir to a decedent’s estate.  An alleged father dies intestate (meaning he died without executing a will) and without being legally identified as the … [Read more…]

Howell v. Howell (2017)

In McCarty v. McCarty (1981) 453 U. S. 210, the Supreme Court of the United States held that states cannot characterize military retirement benefits as community property for purposes of a marital property division.  The Supreme Court noted legislative history that construed retirement benefits as a “personal entitlement,” i.e., the separate property of the servicemember. Further, … [Read more…]