In Re Estate of Myers

Stephen M. Magro, Tustin, for Objector and Respondent.

BEDSWORTH, Acting P.J.

Albert O. Lissoy, a creditor of the estate of Roberta Myers, deceased, appeals from a summary judgment disposing of his petition for an order pursuant to Probate Code section 850 [1] . Lissoy's petition sought to recover profits from the sale of real property for the benefit of the estate's creditors, based upon a claim the property had previously been fraudulently conveyed by Myers. The probate court determined Lissoy's petition failed as a matter of law because: He lacked standing to pursue an order under section 850; he failed to exhaust his right to require the executrix of the estate to pursue the claim under section 9653; and his claim was barred by the applicable statutes of limitations. We disagree with each of these conclusions, and therefore must reverse.

As this case was decided on summary judgment, and our review is de novo, we will recite the evidence in the light most favorable to Lissoy. ( Schooler v. State of California (2000) 85 Cal.App.4th 1004, 1008-1009 , 102 Cal.Rptr.2d 343 .)

Most of the facts are undisputed. Lissoy is a creditor of the estate of Roberta Myers, deceased. The…