Belfiore v. Hoffman

Caution

119 Cal. Rptr. 2d 248·2002 Cal. App. LEXIS 4033·2002 Daily Journal DAR 4701·97 Cal. App. 4th 1436·2002 Cal. Daily Op. Serv. 3736

Court of Appeal of CaliforniaApril 30, 2002B146383California3,955 words

Opinion

Klein, J.

Myra H. Belfiore (Myra) and Danette H. Magilligan (Danette) (collectively appellants) appeal an order which determined their proposed petition to remove the executors of the estate of Kathleen T. Hoffman would be a contest within the meaning of the no contest clause in the decedent’s will. (Prob. Code, § 21320.) ,

The essential issue presented is whether the proposed petition would constitute á contest under the will.

Section 21305, subdivision (b)(7), proclaims that as a matter of public policy, a petition seeking the removal of a fiduciary does not violate a no contest clause. Therefore, the order is reversed with directions.

Factual and Procedural Background '

1. Overview.

Leo Hoffman (Leo) and his wife, Kathleen T. Hoffman (Kathleen or decedent), had five children: Myra, Danette, Paula Campbell (Paula), Thomas L. Hoffman (Thomas) and Kurt Hoffman (Kurt). Leo died in 1984.

Kathleen’s principal asset was her interest in Leo Hoffman Chevrolet, Inc. (Hoffman Chevrolet), an automobile dealership which had been founded by Leo. Following Leo’s death, Hoffman Chevrolet was run by Thomas, Kurt, and their brother-in-law, Gary Campbell (Gary), who is married to their…

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