In Re Estate of Garrett

Robert L. Kern, Pomona, and Darla P. Gretzner for Objector and Appellant.

Tremain & Hoffman, Heather Tremain and Nancy A. Hoffman for Petitioner and Respondent.

McKINSTER J.

Objector and appellant Brandi L. LaHara is the daughter of the decedent, William E. Garrett. LaHara had sought letters of administration of decedent's intestate estate. The probate court granted the petition of petitioner and respondent Darryl Freeman, the nominee of Gwendolyn Garrett, the decedent's surviving spouse. We affirm the probate court's order awarding letters of administration to Freeman, the nominee of the surviving spouse.

Decedent married Gwendolyn Garrett (hereafter Garrett) in 1975. There were no children of the marriage; LaHara, decedent's daughter, and Freeman, Garrett's son, had each been born before the marriage. Garrett separated from decedent in 1978. Decedent resided in California and Garrett moved to the East Coast. In 1979, Garrett filed an action in Washington, D.C. for dissolution of the marriage. She did not pursue the matter, however, because "[m]y husband did not want the divorce." Garrett never acted to dismiss the dissolution case in Washington, D.C. She received…