Robins

Robins v. Ferry CA4/3

Good Law
Court of Appeal of CaliforniaJune 22, 2016G051316California1,610 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

Nanci S. Robins (Robins) challenges the denial of an order to set aside letters of administration for the estate of Robins’s mother, Laura S. Sherman (Laura). We conclude the trial court did not err in denying the motion to set aside or vacate, and therefore affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Laura died on November 6, 2012. At the time of her death, Laura owned a one-third interest, as a tenant in common, of a parcel of real property located in Borrego Springs, California (the property). Desert Green Solar Farm LLC (Desert Green) owned an option to acquire the property and, as such, claimed to be a creditor of Laura. Desert Green filed a petition for appointment of an administrator for Laura’s estate. Desert Green alleged Laura had died intestate, and nominated Joseph P. Ferry to serve as the administrator. Ex parte petitions were also filed by Desert Green and Ferry to have Ferry appointed as a special administrator; one of Laura’s other daughters, Leslie Sherman, concurred in the nomination of Ferry as the administrator and the special administrator. The trial court granted the ex parte request to appoint Ferry as the special administrator on…

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