Estate of Morra
John Morra filed a petition for probate of his father Louiss estate after his stepmother, Bobbye Morra, claimed control over the entirety of the couples community assets. The probate court rejected Bobbyes claim and ordered the estate to be funded with Louiss 50 percent share of the community assets, a decision we affirmed in an earlier appeal. (Estate of Louis Morra (Feb. 15, 2008, A117804) [nonpub. opn.] (Morra I).) Thereafter, the special administrator declined to include as an asset of the estate Louiss interest in one parcel of real property. While the couple had executed an agreement characterizing that property as community property, the special administrator elected to disregard the agreement because the property had originally been held in joint tenancy. The probate court approved the petition for settlement excluding this property interest and declined to reimburse any of the attorney fees incurred by John Morra in pursuing the probate petition. Court reverse these two holdings.
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