Roth v. Jelley
A155742
California Court of Appeal, First Appellate District · Filed
Published · citable
Holding
The court held that Mark Roth possessed a vested contingent remainder interest in the First Yvonne Roth Trust at the time the probate court entered the 1991 Decree, and that the decree’s elimination of that interest required notice and an opportunity to be heard under the Fourteenth Amendment’s due‑process clause. Because no such notice was given, the decree was void, and the lower court’s judgment was reversed. ---
Statutes construed
- PROB § 11000
- PROB § 15403
- PROB § 17200