Estate of HANS BARTSCH, Deceased. ARDNT PELTNER, as Executor, etc., Petitioner and Respondent, v. NORMAN BARTSCH HERTERICH, Objector and Appellant
193 Cal. App. 4th 885 · A126925
California Court of Appeal, First Appellate District · Filed
Holding
The court held that a personal representative who is also a beneficiary under the will may, pursuant to Probate Code section 11704, subdivision (b), actively participate in an heirship proceeding to defend the will's validity and is entitled to reimbursement from the estate for attorney fees and costs incurred in that defense, even when such participation advances the representative's own beneficial interest.
Statutes construed
- CCP § 1021
- CCP § 259
- CCP § 902
- EVID § 730
- PEN § 1203
- PROB § 11700
- PROB § 11704
Cited by (3)
- Estate of DENNIS WONG, Deceased. DONNA WONG, as Executor, etc., Petitioner and Appellant, v. PETER BRESLER, Claimant and Respondent (2012) 207 Cal. App. 4th 366
- ESTATE OF Kirk KERKORIAN, Deceased. Una Davis, Petitioner and Appellant, v. Anthony Mandekic, as Executor, Etc., et al., Objectors and Respondents. (2018) 228 Cal. Rptr. 3d 78
- Herterich v. Peltner (2018) 229 Cal. Rptr. 3d 744
Authorities cited (7)
- Estate of MAX FULCHER, Deceased. L. C. SMITH, as Executor, etc., Plaintiff and Appellant, v. ESTHER COLE, as Executrix, etc., Defendant and Respondent 234 Cal.App.2d 710
- Estate of JAMES E. READE, Deceased. DOROTHY QUEIROLO, Respondent, v. OLIVE HELEN RUHLAND, Individually and as Administratrix, etc., Appellant 31 Cal.2d 669
- Estate of CHARLES A. TORRANCE, Deceased. MARION BURKETT et al., Appellants, v. JAMES P. DALTON, as Scout Master, etc., et al., Respondents 154 Cal.App.2d 350
- BAKER MANOCK & JENSEN, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; MARVIN R. SALWASSER, as Administrator, etc., Real Party in Interest 175 Cal.App.4th 1414
- MARLYN A. CROOK, as Trustee, etc., et al., Plaintiffs and Respondents, v. LOUIE G. CONTRERAS, as Trustee, etc., Defendant and Appellant; Estate of FLORENCE L. KOUBA, Deceased. MARLYN A. CROOK, Petitioner and Respondent, LOUIE G. CONTRERAS, Objector and Appellant 95 Cal.App.4th 1194
- Estate of DONALD R. SCOTT GOULET, Deceased. JOHN J. FERRY, as Executor, etc., et al., Petitioners and Appellants, v. ESTHER MONTELLO GOULET, Claimant and Respondent 10 Cal.4th 1074
- IBM PERSONAL PENSION PLAN, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents; CITY AND COUNTY OF SAN FRANCISCO, Plaintiff and Appellant, v. ASSESSMENT APPEALS BOARD OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant; IBM PERSONAL PENSION PLAN, Real Party in Interest and Respondent 131 Cal.App.4th 1291