Gunning

Gunning v. Caudill

Good Law
108 Cal. Rptr. 2d 572·2001 Cal. App. LEXIS 487·2001 Daily Journal DAR 6603·90 Cal. App. 4th 228·2001 Cal. Daily Op. Serv. 5399
Court of Appeal of CaliforniaJune 26, 2001No. B145083California3,714 words

Opinion

Lead Opinion

Gilbert, J.

*231 Opinion

An heir hunter locates a missing or lost heir. As consideration for information concerning the inheritance, the heir executes an assignment giving the heir hunter a percentage of the inheritance. She also signs, but later revokes, a general power of attorney in favor of the attorney who represents the heir hunter. She also refuses to sign a letter authorizing the attorney to represent her even though the heir hunter agreed to pay the attorney’s fees.

We hold that under these circumstances, the heir hunter’s assignment is valid. We also conclude that the general power of attorney in favor of the attorney contravenes public policy and is void.

Dorothy Ann Gunning appeals an order denying a petition to invalidate an assignment of her interest in the estate of Edward Henry Wright to an heir hunter, or alternatively, to limit the heir hunter’s compensation. (Prob. Code, §§ 1303, subds. (g), (h), 11604; Estate of McPherson (1949) 90 Cal.App.2d 17, 20 [ 202 P.2d 565 ].) 1 We affirm.

Facts

On July 5, 1999, Edward Henry Wright died intestate. Wright, a widower, had no children but three siblings survived him. Wright’s brother resided in Florida, and a sister resided in…

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