Estate of Nancy Ann Zelepsky

Case Number

25PR00164

Case Type

Hearing Date / Time

Wed, 07/02/2025 - 08:30

Nature of Proceedings

Petition for Letters Administration

Tentative Ruling

Probate Notes:

On April 1, 2025, the Public Administrator filed a Petition for Letters of Administration, noting at paragraph 8 that there were no known heirs to the Decedent.  On May 29, 2025, a Notice of Assignments and Request for Special Notice was filed by “Legacy Probate International” stating that five heirs had been located and had also assigned partial interest in their share of the estate to that company in return for that company’s “work in locating said heir as an unknown and/or missing heir.”  (Not. of Prob. Intn., filed May 29, 2205, at pg. 1.).

Probate International is an “heir hunter” that does not appear to have been hired by the Public Guardian. Upon review of the contract re: assignment submitted with Probate International’s notice of assignment, the following concerns call for this Court’s review of the assignments pursuant to Probate Code section 11604:

• It does not appear that the beneficiaries were given any information about the case until they agreed to assign 15% of their interest in the estate to Legacy Probate International. 
• The assignment required the beneficiaries to also authorize Legacy Probate International to retain an attorney to “establish heirship, to collect all assets due beneficiary…”
• The assignment required the beneficiaries to agree to make Legacy Probate International an agent “in order to receive and process any assets due beneficiary, and to subsequently make distribution to beneficiary in a timely manner.”

The above conditions that required the heirs’ agreement, before the release of any information, appear to violate public policy of this State, as outlined in the following cases:

• In re Butler's Estate (1947) 29 Cal.2d 644, 647 [“Such procedure amounts to ‘commercial exploitation’ of the legal profession and is contrary to public policy.”].)
• Estate of Wright (2001) 90 Cal.App.4th 228, 235 [“The general power “to exercise or perform any act, power, duty, right or obligation whatsoever that [Gunning] now ha[s] or may hereafter acquire,” however, brings the matter within the Butler rule. Caudill's practice of retaining his own counsel who represents the heirs at no cost to them contravenes public policy.”]
• Estate of Molino (2008) 165 Cal.App.4th 913, 923 [“if an heir hunter obtains an assignment authorizing the heir hunter to select and pay for an attorney and there is an element of legal representation included in the heir hunting contract or assignment, such as controlling the litigation, the agreement is void against public policy.”]

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