Estate of Justesen

Augustine and Seymour and Frederick J. Seymour, Alhambra, for Claimant and Appellant.

Tobi J. Chinski, Los Angeles, for Objectors and Respondents.

KLEIN, P.J.

Martha A. Fenton (Fenton), executor of the estate of Sue E. Sedlak (Sedlak), claimant to a portion of the estate of Lorraine Justesen (Justesen), appeals an order denying her petition to determine entitlement to distribution. (Prob.Code, § 11700.) [1]

Justesen's will left one-half of her estate to Sedlak, subject to the condition that Sedlak was living at the time of distribution. Sedlak died before distribution occurred. The issues presented are whether there was unreasonable delay in administering Justesen's estate, and if so, the remedy for such delay.

The record reflects there was unreasonable delay by both the personal representative and the probate court, so that Sedlak died before distribution of Justesen's estate. Unreasonable delay in administration cannot defeat a beneficiary's interest. Therefore, the order denying Fenton's petition is reversed with directions to grant Fenton's petition determining her entitlement to distribution.

Justesen died testate on April 24, 1996. On July 17, 1996, Justesen's last…