Estate of Quadri CA2/6

California Court of Appeal Dec 19, 2024 No. B332827Unpublished

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Holding. The probate court did not abuse its discretion in appointing one of the decedent's four children as administrator of an intestate estate where the children held equal priority and the appointee was the only party to file a petition.

Issues

Whether the probate court abused its discretion in appointing one of four children with equal priority as administrator of an intestate estate.
Whether claims of undue influence and abuse are relevant to the appointment of an administrator in an intestate probate proceeding.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The probate court did not abuse its discretion by appointing Shoemaker as the administrator of Quadri’s estate.”

“The court properly ruled, however, that the claims are irrelevant to the intestate probate.”

Filed 12/19/24 Estate of Quadri CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

Estate of FLOY WANDA 2d Civ. No. B332827 QUADRI, Deceased. (Super. Ct. No. 202300576149PRLA) (Ventura County)

DEBRA SHOEMAKER, as Administrator,

Petitioner and Respondent,

BARBARA DIANE KIME et al.,

Objectors and Appellants.

Barbara Diane Kime appeals an order of the probate court appointing Debra Shoemaker as administrator of the estate of Floy Wanda Quadri, and issuing letters of administration. (Prob. Code,1 § 8467.) We affirm.

1 All statutory references are to the Probate Code.

FACTUAL AND PROCEDURAL HISTORY Quadri died on September 14, 2022. She had four daughters who survived her: Kime, Shoemaker, Laura Mae Haberkorn, and Linda Cherie Kime.2 Quadri had no other living or deceased children. On December 10, 1994, Quadri executed a handwritten Last Will and Testament wherein she named Shoemaker as executor. The will equally bequeathed Quadri’s entire estate to her four daughters. On April 9, 2014, Quadri executed the Floy Wanda Quadri Living Trust with herself as grantor and Kime as trustee. The trust was never funded and Quadri never executed a pour-over will. At the time of Quadri’s death, her estate consisted of a condominium, some bank accounts, and tangible personal property. These assets were not titled to the trust. On March 8, 2023, Shoemaker filed a petition for letters of administration. Two of the three daughters signed nominations of administrator to support Shoemaker’s petition. Shoemaker was unable to find Quadri’s original handwritten will and for that reason filed for letters of administration. On April 27, 2023, the probate court held a hearing regarding Shoemaker’s petition. No documents or competing petitions were filed. Shoemaker was represented by counsel and Kime appeared in propria persona to oppose Shoemaker’s petition. Kime asserted that the probate court should appoint her as administrator because Quadri had named her as trustee in the

Estate of Quadri CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

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