Estate of Sheila Victoria Garcia

Case Number

24PR00375

Case Type

Hearing Date / Time

Tue, 02/25/2025 - 09:00

Nature of Proceedings

Case Management Conference

Tentative Ruling

Probate Notes:

Appearances required.

On June 25, 2024, a Petition for Probate of the Decedent’s Will and Letters Testamentary was filed by Mary Scott. That Petition received written objection by Michael Thibault on August 19, 2024, placing this matter at issue, and requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)  Mr. Thibault amended his objection on September 23, 2024.

Mr. Thibault’s objection appears to be contesting both the will and the appointment of Mary Scott as personal representative.  Mr. Thibault filed a competing petition for administration, but did so erroneously in a separate, new case (25PR00007).  The Petition should have been filed in the same case, thus it is recommended the Court strike the petition on its own motion pursuant to CCP section 436(b) and order Mr. Thibault to re-file the petition in case no 24PR00375.

All procedural issues have been resolved, and the parties should come prepared to set the matter for trial.

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