Estate of Barnick CA4/1

I.

INTRODUCTION

In February 2020, June Barnick (June) filed a petition in the probate court pertaining to the estate of William Barnick (William), June’s former husband, who died intestate in 2018. In the petition, June sought an order confirming her interest in four items of personal property, based on a 2011 marital dissolution judgment (the 2011 Dissolution Judgment) entered against William. June claimed that the property in question was in the possession of the personal representative of William’s estate: (1) rental income derived from certain real properties owned by William and June during the marriage; (2) tax refunds for two years prior to the dissolution;

(3) a retirement account1; and (4) stock in a company called Petrosonics. June requested that the court instruct the personal representative to transfer the properties to her. Brandon Barnick (Brandon), June and William’s son and William’s heir, filed a demurrer to June’s petition. In a supporting brief, Brandon contended that June’s petition was time barred because June failed to timely file a creditor’s claim asserting her interest in these assets pursuant to Probate Code section 9100, subdivision (a), as required.2…