Scarlata v. Bank of America National Trust & Savings Ass'n

Rosa Scarlata, deceased, survived her husband, Luigi. Rosa and Luigi, during the existence of their marriage, had acquired real and personal property as joint tenants with right of survivorship and the title to the property so stood of record at the time of Luigi’s death. This property was all inventoried in the estate of Rosa as her separate property. During probate Rosa’s executor filed a petition for instructions pursuant to section 588 of the Probate Code. The executor alleged that the estate of Luigi was in course of probate and that it was the executor of Luigi’s will; that during…