In re Estate
Matter of Estate of Lewis
Opinion
Opinion
Weinstock, Manion, Reisman, Shore & Neumann, Sussan H. Shore and Blake A. Rummel for Objector and Appellant.
Nicholas S. Chrisos, County Counsel, James C. Harvey and Adrienne Sauro Heckman, Deputy County Counsel, for Petitioner and Respondent.
IKOLA, J.
Diane Larson appeals from the court's order appointing the public administrator to administer the estate of the deceased father of Larson's two children, who are decedent's sole heirs. We reverse because Probate Code section 8464 did not authorize the court to make such an appointment. [1]
On April 1, 2009, Larson petitioned to administer decedent's estate. The petition stated decedent died intestate in Orange County, California, on March 11, and was survived by two children who lived with Larson in Illinois.
On April 7, the public administrator petitioned to administer decedent's estate, claiming Larson was "not the court-appointed guardian of the estates of the minors" and, even if she were, the court had discretion to appoint "another person entitled to appointment" as administrator. The public administrator stated he was "best suited and qualified ... to act as administrator" due to the "potential size and complexity of…