Sturm v. Novakova

In this appeal, we must determine the time period in which a creditor’s claim must be paid under Probate Code section 929, infra.

Miroslav Sturm, decedent, died intestate on January 23, 1984. Helena Sturm, appellant, his third wife, petitioned for letters of administration. In her petition, she declared that decedent had no children and that she was his sole heir at law. Letters of administration were issued to her.

In September of 1984, appellant filed her Inventory and Appraisement in the estate in which she declared that decedent’s apartment house was the separate property of decedent. This was the primary asset in the estate.

On January 4, 1985, Irena Sturm Novakova, respondent, the daughter of decedent by his first marriage, filed a Petition to Determine Heir-ship. Respondent is a citizen of Czechoslovakia, as was decedent. Decedent had left Czechoslovakia in 1950; however, his first wife chose to remain behind with respondent. Appellant attempted to defeat the petition of respondent by alleging she had never heard of decedent having a daughter and that respondent was not in fact his daughter.

After a contested hearing, the court found that respondent was in fact…