Estate of Kenneth Irwin Dulany
Estate of Kenneth Irwin Dulany
Case Number
22PR00023
Case Type
Hearing Date / Time
Mon, 04/15/2024 - 08:30
Nature of Proceedings
Petition for Final Distribution
Tentative Ruling
Probate Notes:
Appearances required, including, if possible, all heirs assigning their interest in the estate to Petitioner.
The following must be filed before the hearing:
Declaration. The Court ordered a declaration to be filed, that informs the Court of the relationships between all persons and the decedent (i.e. clarifying the information in ¶8 of the petition), and where the fractional interest in the property came from, including where the remaining interest in the property is titled. No such declaration is on file.
Consents of grandchildren. The Court ordered that all grandchildren of the decedent file consents to the proposed distribution. No consents are on file.
Investigation of assignment. The proposed distribution deviates from that dictated by the law of intestacy, due to the assignment of interest in the estate by Decedent’s surviving spouse and two surviving children. The assignments are unexplained, do not reveal the reasons for the assignment, nor appear to have been for consideration.
Probate Code section 11604 gives this Court authority to inquire into the consideration for an assignment, transfer, or agreement before making a distribution that does not comply with the intestate distribution scheme outlined in the Probate Code. “The court has authority to examine such agreements and the circumstances surrounding their execution, determine the reasonableness of the consideration, and to assure that the agreement was not procured by duress, fraud, or undue influence. As a result, the court may fix equitable terms for the distribution. (See Estate of Molino (2008) 165 Cal.App.4th 913.)” (California Decedent Estate Practice (CEB 2024), §25.61.)