Estate of Reed

William and Daniel, the children of Victor (Decedent), are the beneficiaries of Decedent's estate. In 2010, the probate court appointed William as the personal representative of the Estate. In 2014, Daniel filed a petition alleging that William had not filed any reports on the status of the administration of the Estate, that multiple notices of default had been recorded against real property owned by the Estate, that William had not rented out the property or otherwise made it productive, and Daniel did not know the status of the Estate's remaining assets. After a trial, in April 2015, the court orally announced its decision to remove William as personal representative and to appoint Ocaña in his place. Its final decision issued in April 2016. The court of appeal affirmed, rejecting an argument that the order was not appealable. The trial court expressly reserved jurisdiction to issue a further statement of its reasons; the 2015 order was therefore not final. The Probate Code provides for an appeal from an order removing a fiduciary, so the appeal should not be dismissed on the ground that the order appears in a statement of decision rather than a separate order or judgment. The court upheld the factual findings regarding William’s neglect of the estate. View "Estate of Reed" on Justia Law