ESTATE OF LINDA BIRKLAND
Petition for Determination of Ownership of Real Property
Motion type
Parties
Ruling
This matter is on calendar for further proceedings on a Petition for Determination of Ownership of Real Property and for Orders Preserving Property Pending Hearing. A new Notice of Hearing on Judicial Council form DE-115 has not been filed and served for today’s hearing. The Court notes a response was filed by the Personal Representative on May 4, 2026. Additionally, a withdrawal of the Request for Special Notice was filed by the Department of Health Care Services. There is no proof of service for the remaining heirs or Franchise Tax Board. The Personal Representative has provided a copy of the grant deed showing that title to the subject real property is held by Birkland Family Enterprises, a California general partnership in which the decedent has a 20% interest. The interest in the partnership was properly identified on the Inventory and Appraisal filed on March 24, 2025. The Petition is DENIED without prejudice. The Court notes the future date of August 10, 2026, for Status of Administration. No appearance is necessary on today’s calendar.
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