Unmarried Mother Appeals to be named Administrator of 10 Million dollar Estate
Posted By Renee Linares on Sep 7, 2010 4:03pm PDT
In May of 2010, the California Court of Appeals ruled that the guardian of the
Decedent's minor children, their mother, was entitled to priority over the public administrator for appointment as personal representative.
The Estate of Charles Lewis Davis Jr. was a large estate worth over ten million dollars. During the probate, the Court appointed a public administrator to administer Davis' estate. However, the wife of Davis' two sole heirs, Larson, also petitioned to administer the estate. The court believed Larson had a conflict of interest and as such elected a public administrator
As such, Larson brought the case on appeal arguing that the court erred by appointing a public administrator who had lower statutory authority than the legal guardian of the Decedent's children. The appellate court considered the case and decided that since the sole heirs were under the age of majority the court could appoint a guardian to serve as administrator and the lower courts ruling was reversed. For more information about probate or administration of an estate consult with a Los Angeles probate attorney.