Harrington

Harrington v. Saladino

Good Law
166 Cal. App. 4th 396·2008 Cal. App. LEXIS 1363·82 Cal. Rptr. 3d 436
Court of Appeal of CaliforniaAugust 6, 2008No. B201326California1,752 words

Opinion

lead Opinion

Ashmanngerst, J.

Mark J. Saladino, a public administrator for the County of Los Angeles (the Public Administrator), challenges a probate court order appointing respondent Elke Harrington (Harrington) administrator of the estate of Johanna A. Heath (the decedent). The Public Administrator contends that Harrington did not “succeed” to a portion of the decedent’s estate, as required by Probate Code section 8462, subdivision (a), 1 by virtue *399 of her mother’s assignment of a portion of her interest in the estate to Harrington. Rather, succession occurs only by operation of law.

We agree with the Public Administrator. Accordingly, we reverse the probate court order appointing Harrington as the administrator of the decedent’s estate and direct the probate court to enter a new and different order appointing the Public Administrator as the estate’s administrator.

FACTUAL AND PROCEDURAL BACKGROUND

On October 15, 2006, the decedent, a resident of Baldwin Park, California, died intestate. She was survived by two sisters, Erika Muller and Elisabeth Maierhofer (Maierhofer), five nephews of two predeceased brothers, and Maierhofer’s daughter, Harrington. All of the decedent’s relatives, except…

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