Merritt v. Dito

Opinion

McGUINESS, P. J.

In an earlier appeal arising out of this probate matter, we affirmed the trial court’s ruling that respondent Elenice S. Dito is the surviving spouse of decedent Frank P. Dito1 and is entitled to receive a share of his estate as an omitted spouse pursuant to Probate Code2 section 21610 et seq. After the earlier appeal had been decided, appellants Barbara and George Merritt filed a petition alleging that Elenice is liable for financial elder abuse committed against Frank. The trial court sustained a demurrer to the petition without leave to amend on the ground the claim…