Herrera v. Farrell Construction Co.

Opinion

POCHÉ, Acting P. J.

Probate Code section 6540, subdivision (b)(2) provides in pertinent part: “A parent of the decedent who was actually dependent in whole or in part upon the decedent for support . . . may be given such reasonable family allowance out of the estate as the court in its discretion determines is necessary for [his or her] maintenance according to [his or her] circumstances during administration of the estate.”1 We hold that the probate court did not abuse the discretion granted by this statute when it denied a parent’s application for a family allowance solely in order…