In Re Estate of Myers
42 Cal. Rptr. 3d 753 · G035355
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that a creditor of an insolvent estate has standing to file a petition under Probate Code section 850 to recover property allegedly fraudulently conveyed by the decedent, that such a claim is not contingent upon first exhausting remedies under Probate Code section 9653 where the personal representative has a conflict of interest, and that the statute of limitations for a fraudulent conveyance claim does not begin to run until the underlying creditor's judgment against the decedent is final.
Statutes construed
- CCP § 1589
- PROB § 850
Cited by (6)
- SILVIA MOTA, Petitioner, v. SUPERIOR COURT OF ORANGE COUNTY, Respondent; DANIEL VILLALOBOS, Real Party in Interest (2007) 156 Cal. App. 4th 351
- SILVIA MOTA, Petitioner, v. SUPERIOR COURT OF ORANGE COUNTY, Respondent; DANIEL VILLALOBOS, Real Party in Interest (2007) 156 Cal. App. 4th 351
- TAMMY CABRAL, Plaintiff and Appellant, v. MARY L. SOARES, Individually and as Executor, etc., et al., Defendants and Respondents (2007) 157 Cal. App. 4th 1234
- TAMMY CABRAL, Plaintiff and Appellant, v. MARY L. SOARES, Individually and as Executor, etc., et al., Defendants and Respondents (2007) 157 Cal. App. 4th 1234
- Estate of JANICE HELENE KRAUS, Deceased. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Petitioners and Respondents, v. DAVID KRAUS, Objector and Appellant (2010) 184 Cal. App. 4th 103
- Estate of JANICE HELENE KRAUS, Deceased. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Petitioners and Respondents, v. DAVID KRAUS, Objector and Appellant (2010) 184 Cal. App. 4th 103
Authorities cited (5)
- Ohm v. Superior Court 85 Cal. 545
- MERCEDES SILVA, Petitioner, v. SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent 83 Cal.App.2d 521
- PHIL C. KATZ, as Administrator with the Will Annexed, etc., Appellant, v. EDWARD W. DRISCOLL et al., Respondents 86 Cal.App.2d 313
- Estate of TROY E. SCOTT, Deceased. CLEO R. SCOTT, as Executrix, etc., Petitioner and Appellant, v. VADA WITTE, Objector and Respondent 197 Cal.App.3d 913
- Estate of LEOLA S. BAUMANN, Deceased. IKEGAMI ELECTRONICS USA, INC., Petitioner and Respondent, v. JOHN S. BAUMANN, as Trustee, etc., et al., Objectors and Appellants 201 Cal.App.3d 927