Estate of Maria Zhitnick

Case Number

23PR00203

Case Type

Hearing Date / Time

Tue, 07/16/2024 - 09:00

Nature of Proceedings

Petition to Determine Persons Entitled to Distribution

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

According to the allegations in the petition, Maria Zhitnick died intestate with no issue, and her pre-deceased husband had no issue.  Decedent was also predeceased by her mother and father, who had eight children.  Of the seven siblings of the Decedent, 3 predeceased her with issue, and one is still living. Thus, Probate Code section 6402(c) governs. 

The following are the siblings of the Decedent:

• Friedrich Weber                              (predeceased, no issue)
• Wilhelm Weber                               (predeceased, no issue)
• Elisabeth Weber Beyer                    (predeceased with issue)
• Katharina Weber Stockhorst          (predeceased with issue)
• Margarete Weber Kachinsky          (predeceased, no issue)
• Wilhelm Weber                               (predeceased with issue)
• Helmut Weber

According to Probate Code 6402, when no spouse, issue, or parents survive the Decedent, the issue of Decedent’s parents take according to section 240, which requires the Court to exclude the siblings who died without issue, and divide the estate into shares for each living sibling and sibling who predeceased leaving issue.

In this case, the Court must exclude Friedrich Weber, Wilhelm Weber, and Margarete Weber Kachinsky, because they predeceased without issue.  The Court must then divide the estate into the following shares for Helmut Weber, the only surviving sibling, and the three siblings who predeceased and left issue.  That division is as follows:

Sibling	Issue of predeceased Sibling	Share each issue receives
Helmut Weber	n/a	1/4
Elisabeth Weber Beyer	Heinrich Gerhard Beyer Elsbeth Beyer Koch	1/8 1/8
Katharina Weber Stockhorst	Eugen Hans Stockhorst Hans Norbert Stockhorst	1/8 1/8
Wilhelm Weber	Karl Heinz Weber Rita Weber Martin Weber	0 (predeceased, no issue) 0 (predeceased, no issue) 1/4

Stefan Beyer and Rainer Beyer receive Heinrich Gerhard Beyer’s share, split (1/16 each), and Alessa Weber and Thobias Weber receive Matin Weber’s share, split (1/8 each).

Any objections to this distribution must be made in writing before the hearing.

The following must be submitted:

Proposed Order.  A proposed order must be submitted with relief that matches that requested in the petition.  No such document was filed with the court.

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334