Rallo v. O'Brian
The court held that, to invoke Probate Code § 21622, a claimant must allege and prove that the decedent omitted the child because the decedent was unaware of the.
Date Filed: August 03, 2020
Case Name: Rallo v. O’Brian
Case Number: B290526
Court: California Court of Appeal, Second Appellate District, Division Three
(‘The court decides that a claimant must plead specific facts showing the decedent omitted the child because the decedent was unaware of the child’s existence to invoke Probate Code §\u202f21622; the petitions filed by Kimberly\u202fRallo and Adam\u202fRoss fail to meet that pleading requirement, so the demurrers are sustained and the judgments of dismissal are affirmed. This holding reinforces that a testator’s express intent to disinherit, even when articulated in a trust, cannot be overridden by an omitted‑heir claim unless the plaintiff demonstrates the omission was due to lack of knowledge, thereby limiting the scope of §\u202f21622 actions in California probate practice.’, ‘c9913a3b’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.