Estate

Estate v. Herzog

Bad Law
245 Cal. Rptr. 3d 498·33 Cal. App. 5th 894
Court of Appeal of CaliforniaMarch 29, 2019E068698California5,761 words

Opinion

Lead Opinion

MILLER Acting P.J.

*896 Lieselotte Herzog (the Decedent) died intestate on October 17, 2013. In April 2014, the probate court issued letters of administration appointing Winnfred Herzog (Nephew) as the administrator of the Decedent's estate. Kemp & Associates, Inc. (Kemp), a firm specializing in locating heirs, held a power of attorney for Maurene Schraff Nadj (Half Sister). In July 2016, Kemp petitioned the probate court for a determination that Half Sister was the Decedent's sole heir. ( Prob. Code, § 11700.) The probate court denied Kemp's petition with prejudice due to Kemp presenting insufficient evidence.

Kemp raises four issues on appeal. First, Kemp asserts the probate court erred by bifurcating the issue of whether Half Sister is the Decedent's heir. Second, Kemp contends the probate court erred by concluding Kemp did not *897 meet its burden of proof. Third, Kemp contends the probate court erred by ruling Kemp's evidence was inadmissible. Fourth, Kemp contends Nephew lacked standing to oppose Kemp's petition. We affirm the order.

FACTUAL AND PROCEDURAL HISTORY

A. FINAL ACCOUNTING

Nephew was the Decedent's late husband's nephew. In May 2016, Nephew filed an amended…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.