Miller v. Miller
Appellant Nevin Miller filed a petition under Probate Code section 21320,[1] seeking a determination that his proposed complaint would not violate the no contest provisions of his father's will, trust, and codicil to the will. The superior court concluded that the proposed action would be a contest. Appellant maintains that the action would not be a contest because he merely wished to establish his right to property pursuant to a contract with the decedent. Court agree with the superior court's ruling, however, and therefore will affirm the order.
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