Serrano v. Jimenez

Introduction

The decedent was buried at Resurrection Cemetery by arrangement of three of her four surviving children. The fourth child subsequently petitioned the probate court for an order that decedent be disinterred from Resurrection Cemetery then reinterred at Oakwood Memorial Park, which she asserts was decedent’s wish, and for an order imposing costs and “consequential damages” upon the funeral home and other “responsible parties” for the allegedly improper burial at Resurrection Cemetery.

The probate court dismissed the petition on the ground that this dispute is not within the jurisdiction of the probate court. We agree and affirm the order of dismissal.

Factual and Procedural Background

The decedent Gregoria C. Jimenez (decedent) died testate on May 17, 1993. Decedent’s last will devised her estate in equal shares to her four adult children: Margarita Serrano (appellant), Ramon C. Jimenez, Lily Alexander, and Philip Jimenez (the three collectively, respondent children). Decedent’s will named Georgia L. Jensen as executor; Georgia L. Jensen is appellant’s daughter, decedent’s granddaughter. Decedent’s will did not contain any instructions or wishes concerning…