In what circumstances can a surviving partner bring a claim for declaratory relief against the estate of a deceased partner?
California, United States of America
The following excerpt is from Taylor v. Fields, 178 Cal.App.3d 653, 224 Cal.Rptr. 186 (Cal. App. 1986):
In Jones v. Daly (1981) 122 Cal.App.3d 500, 176 Cal.Rptr. 130, a surviving partner to a "cohabiter's agreement" brought suit for declaratory relief against the estate of the decedent partner to enforce an oral agreement. The trial court dismissed the action after sustaining defendants' demurrer to the complaint without leave to amend. (Id., at pp. 504-505, 176 Cal.Rptr. 130.)
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