Regents of the University of California v. Kraus

I. INTRODUCTION

This appeal arises out of a Probate Code sections 850 and 859 petition by two residuary trust beneficiaries—the Regents of the University of California and the Make-A-Wish Foundation of Greater Los Angeles—for restitution of funds. Objector, David Kraus, appeals from a December 19, 2008 judgment and orders after a court trial. The probate court ordered David to return $197,402 to a court-appointed representative of the estate of Janice Helene Kraus and to pay statutory double damages of $394,804. (Prob. Code, §§ 850 et seq., 859.) (All further statutory references are to the Probate Code unless otherwise noted.) We affirm the judgment.

II. BACKGROUND

A. Pleadings

The two beneficiaries filed an August 29, 2007 petition for transfer and return of property. The two beneficiaries alleged as follows. Janice had executed a will on December 9, 2003. On December 9, 2003, the Janice Helene Kraus Trust (the trust) was created. The trust was amended on May 12, 2005. On October 22, 2006, David’s sister, Janice Helene Kraus, was dying of cancer. Janice was unmarried, did not have any children and she was in hospice care. On October 22, 2006, David had Janice…