Estate of McGuigan

Hinojosa, Khougaz & Wallet, Lynard C. Hinojosa and Trudi Baltz Sabel, Los Angeles, for Movant and Appellant.

No Appearance for Claimant.

Richard T. Tosaw, Ceres, for Petitioner and Respondent.

KOLKEY, J.

"Code of Civil Procedure section 1355 [1] allows a potential heir five years from the state's initial reception of an escheated estate to file a claim to recover the estate." ( Estate of Cruz (1989) 215 Cal.App.3d 1416, 1418 , 264 Cal.Rptr. 492 .) Under section 1355, the potential heir makes a claim by filing a petition that includes a detailed family history of the decedent, or a statement of reasons why the petitioner is unable to do so.

In this case, the potential heir's section 1355 petition contained neither the required, detailed family history nor a statement explaining why she was unable to provide one. More significantly, although the potential heir was aware that the decedent had a son, her section 1355 petition did not mention that fact. Indeed, her counsel acknowledged that he and other "heir finders" have "ignored" many of the disclosure requirements under section 1355 for the past 15 years. Accordingly, appellant, Linda Geitner—the administrator of the son's…