Richardson v. Total Lender Solutions CA6

I. FACTS AND PROCEDURAL HISTORY

A. The Probate Action Alice’s husband and two of her seven children had predeceased her. At the time of her death, Alice’s heirs included her five surviving children (plaintiff and appellant Carol Garrard, intervener and appellant Robert Richardson, Clarence Richardson, Lynda Richardson, and Renee Richardson) and two granddaughters (Cherrie Richardson and Valencia Whittington, the children of Alice’s deceased daughter, Terry Cotton). (We will refer to Alice’s heirs and her son-in-law (plaintiff and appellant Kenneth Garrard) by their first names, and to Carol and Kenneth jointly as the Garrards.) In April 2004, Carol petitioned for letters of administration and for authorization to administer her mother’s estate under the Independent Administration of Estates Act in Monterey County Superior Court case No. MP17109 (Probate Action).1 Each of the heirs consented to Carol’s appointment as administrator, and the court sitting in probate granted the petition. The only assets of the estate were the Property—which was valued at $325,000 in 2004—and $1,000 worth of furniture.

1 Plaintiffs’ designation of the record on appeal included the entire file in the…