Estate of Donald William Morgan

No Original Will. An original will and any codicil cannot currently be lodged with the Court. (Prob. Code, Sec.Sec. 8200, et seq.) The Court cannot admit a copy of a will to probate without evidence that the lost original will cannot be found and the presumption of destruction in Probate Code section 6124 does not apply. Petitioner may overcome this presumption with substantial evidence that shows the Court some supported fact that the Decedent did not destroy the will. Petitioner is referred to the following authority to understand the evidence required to overcome the presumption of destruction in Probate Code section 6124: Estate of Trikha (2013) 219 Cal.App.4th 791, 804 [substantial evidence required to overcome presumption] Lauermann v.

Superior Court (2005) 127 Cal.App.4th 1327, 1333 [Duplicate Original not usually sufficient] Petition for Production Required. Petitioner alleges the original will is the possession of a custodian that does not appear willing to deliver the will to the court. A petition pursuant to Part 2 of Division 7, Chapter 3, Article 1 of the Probate Code is required to compel delivery of the will to probate. (Prob. Code, Sec.Sec.8200 et seq.) Appearances: The court is open to the public for court business.

The court is also conducting hearings via Zoom videoconference. Meeting ID: 160 543 3416 Passcode: 5053334

Tentative Ruling: Estate of Donald William Morgan Tentative Ruling: Estate of Donald William Morgan Case Number

Case Type Decedent's Estate Hearing Date / Time Tue, 07/28/2026 - 09:00 Nature of Proceedings Petition for Final Distribution Tentative Ruling Probate Notes: Appearances required. The following is noted for the Court at the hearing: Assignment by Tabitha Morgan grossly unreasonable. The proposed distribution does not comply with the intestate distribution scheme in the Probate Code. When a decedent's estate does not pass by a testamentary instrument (by failure of transfer, or omission, etc.), that property passes to the decedent's heirs as prescribed in Division 6, part 2 of the Probate Code (Sec.Sec.6401, et seq.). (Prob.

Code, Sec. 6400.) Tabitha Morgan alleges in supplement that she is assigning 66.6% of her estate to family members for no reason other than charity. This is a gift, not an assignment, and does not justify or warrant the Court to deviate from the intestate scheme in the Probate Code. Ms. Morgan is free to give her inheritance away to anyone she pleases after the Court orders distribution to her in accordance with the law of California. Therefore, the Court should find the assignments grossly unreasonable pursuant to Probate Code section 11604, and order 50% of the estate distributed to Tabitha Morgan so the proposed distribution does not depart from the law of intestacy.