Nature of Proceedings: Petition: Probate Will & Letters of Administration - Will Annexed Probate Notes: Appearances required. The following issue must be addressed at the hearing: Nomination of Administrator or waiver of bond. The only named executor of the Decedent’s will is also deceased. Petitioner’s priority to be appointed administrator is questionable pursuant to Probate Code section 8461 due to the following: The entire estate of Decedent is to be distributed to his trust. Decedent’s trust clearly distributes the entire trust to his significant other, Mildred Louise Ragains (not her trust), who did not survive Decedent. There is no language in the trust that will save this failed transfer, meaning distribution will be governed by Probate Code sections 21110 and 21111. This will likely result in the intestate distribution of both estates (best case scenario), or the entirety of both estates being owned by the intestate heirs of Mildred Louise Ragains (worst case scenario). This a
Hearing Date
September 06, 2023
Department
Judge Timothy StaffelDepartment 3 SM-Cook312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369
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Nature of Proceedings: Petition: Probate Will & Letters of Administration - Will Annexed Probate Notes: Appearances required. The following issue must be addressed at the hearing: Nomination of Administrator or waiver of bond. The only named executor of the Decedent’s will is also deceased. Petitioner’s priority to be appointed administrator is questionable pursuant to Probate Code section 8461 due to the following: The entire estate of Decedent is to be distributed to his trust. Decedent’s trust clearly distributes the entire trust to his significant other, Mildred Louise Ragains (not her trust), who did not survive Decedent. There is no language in the trust that will save this failed transfer, meaning distribution will be governed by Probate Code sections 21110 and 21111. This will likely result in the intestate distribution of both estates (best case scenario), or the entirety of both estates being owned by the intestate heirs of Mildred Louise Ragains (worst case scenario). This a