Shaylin

Shaylin v. Rose

Good Law
170 Cal. Rptr. 3d 569·225 Cal. App. 4th 771
Court of Appeal of CaliforniaApril 21, 2014No. B250306California5,789 words

Opinion

Lead Opinion

Turner, J.

*773 Opinion

I. INTRODUCTION

The objectors, Jay Rose and Fred Maidenberg, appeal from two May 2013 probate court orders. The objectors appeal from an order appointing co-executors Terry D. Shaylin, Dolores Diehl, and Dr. Maria Gracita DaCosta-Iyer. They were appointed to act as executors of the estate of the decedent, Sonia, also known as Sonya, Sobol. In addition, the objectors appeal from an order denying Mr. Rose’s competing petition with prejudice. Mr. Rose’s competing petition sought to have him named as executor. The probate court sustained the co-executors’ demurrers without leave to amend because the objectors lacked standing. The objectors argue the probate court has inherent and statutory authority to give them standing pursuant to Probate Code 1 section 48. The objectors contend they have standing to challenge the codicil, which replaced Mr. Rose as executor with the co-executors; the codicil was procured by Ms. Shaylin through elder abuse of Ms. Sobol; and Ms. Sobol was an elderly and enfeebled woman who lacked testamentary capacity when the codicil was executed. We conclude the objectors lack standing to contest the codicil. We affirm the order denying Mr. Rose’s…

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