Estate of Jarrod Travis Barnes

Case Number

24PR00450

Case Type

Hearing Date / Time

Wed, 09/18/2024 - 08:30

Nature of Proceedings

Petition to Set Aside Estate (Prob. Code, §6602)

Tentative Ruling

Probate Notes:

After supplement filed on September 13, 2024, the following is noted for the Court at the hearing:

Insufficient information re: settlement.  The allegations in the petition are insufficient to determine the nature of the settlement funds due to the estate, which will be distributed to Decedent’s only child.

Petitioner alleges that the estate consists primarily of settlement funds from a personal injury claim that was initiated by the Decedent before he passed away.  However, despite the clarification attempted in the Supplement, it is still unclear whether the settlement could have been for a wrongful death claim, which would be in the minor’s best interests to cut off the rights of the “medical bills” creditors:

In California, a wrongful death action is “a new cause of action in favor of the heirs as beneficiaries, based upon their own independent pecuniary injury suffered by loss of a relative, and distinct from any the deceased might have maintained had he survived.” [Citations.] Because the damages awarded in a wrongful death action are for the harm done to the survivors, not to the deceased, medical expenses for treating the final illness or injury are not recoverable.

(Fitch v. Select Products Co. (2005) 36 Cal.4th 812, 819.)

Thus, Petition must do the following:

• Submit evidence that the medical bills are actually owed.
• Submit evidence that satisfies the Court’s concerns regarding the viability of a wrongful death suit that favors the minor over the creditors of the estate.

Proposed Order. A proposed order must be submitted for review before the hearing. (Local Rule 1724, subd. (b).)

Appearances:

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

Meeting ID: 161 956 1423

Passcode: 137305