Estate of Ken Namvong

Case Number

25PR00412

Case Type

Hearing Date / Time

Wed, 09/24/2025 - 08:30

Nature of Proceedings

Petition for Spousal Property

Tentative Ruling

Probate Notes:

Appearances required.

Due to the defects listed below, the Petition must be amended to include material facts relevant to the determination that the requested interest in the subject property be passed to the Petitioner, who is alleged to be the surviving spouse:

Lack of allegations showing facts material to intestate and community property presumptions.  The petition must be amended by including allegations of the following facts that were missing from attachment 7:

• Facts necessary to determine the county in which the estate of the deceased spouse may be administered.  (Date and place of death, domicile/residence at time of death, etc.) (Prob. Code, § 13651, subd. (a)(1))  This is usually accomplished by the submission of the Certificate of Death, which must be submitted to prove death of Decedent. (See Evid. Code §412 ["If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust."].)
• Date and place of marriage (Local Rule 1761, subd. (a))
• Whether decedent owned any real and personal property on date of marriage, and if so, a description and approximation of values (Ibid.)
• For each asset for which a determination that it pass or be confirmed to the surviving spouse, a description of the manner in which the asset was acquired by decedent, including source of funds or loans, title to asset, etc. (Ibid.)
• Any additional facts upon which the claim that property is community or quasi-community property is based. (Ibid.)
• Because Decedent Died Intestate: 1) facts upon which the petitioner bases the allegations that all or part of the estate of deceased spouse is property passing to the surviving spouse, AND 2) a description of any interest in the community property or quasi-community property, or both, which the petitioner requests the court to confirm to the surviving spouse as belonging to the surviving spouse pursuant to § 100 or 101 (PC § 13651, subd. (a)(3)-(a)(4).)

Improper request to pass share of property that does not appear to have belonged to the Decedent.  Petitioner admits Decedent is listed as the 50% owner of a California LLC named “Suvan’s Kitchen, LLC.”  Petitioner asks the Court to pass that 50% share to her.  The court would not be able to make such an order, if the 50% share of the LLC was community property.  Due to the lack of facts in the allegations as to whether the Decedent owned any separate property (thus whether the 50% share in the LLC was community or separate property), the allegations do not make clear what claim Petitioner has to that property herself.  If the 50% share of the LLC is community property, then the Court would only be able to order that 25% of that property pass to the Petitioner, since the remaining 25% would already be Petitioner’s community property share.

Proposed Order. If the amended petition changes the percentage share of the property, as discussed above, the proposed order must be amended. Please submit and amended proposed order using Judicial Council Form DE-226 (Local Rule 1724, subd. (b).)

Since the petition must be amended, it must be re-served. (CRC, Rule 7.53.) Therefore, it is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.

 

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: 161 956 1423

Passcode: 137305