Estate of Marbaix CA2/7

Filed 7/24/13 Estate of Marbaix CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

ESTATE OF JOSE MARBAIX, Deceased. B244137 ___________________________________ (Los Angeles County VINCENT BAGBY, Super. Ct. No. BP130152)

Objector and Appellant,

v.

AMERICAN LUNG ASSOCIATION OF CALIFORNIA, et al.,

Petitioners and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Brenda J. Penny, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Vincent Bagby, in pro. per., for Objector and Appellant. Holland & Knight, Stacie Polashuk Nelson, and Jonathan H. Park for Petitioners and Respondents. _______________________

Appellant Vincent Bagby appeals from the trial court’s order granting a petition 1 2 filed by respondent charitable organizations pursuant to Probate Code section 11700 to determine persons entitled to distribution under a 2006 will. Bagby asserts that the trial court erred in failing to find that the 2006 will had been revoked by a 2009 will in which the decedent allegedly bequeathed the bulk of her estate to Bagby. Because Bagby filed his objections more than 120 days after the 2006 will was admitted to probate, his claim was barred by the statute of limitations. We accordingly affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The decedent, Jose Marbaix, died on March 16, 2011. The public administrator located only one testamentary instrument―a holographic will dated May 6, 2006. The public administrator filed a petition to probate the 2006 will on August 11, 2011, and the 2006 will was admitted to probate on October 14, 2011. In the 2006 will, Marbaix bequeathed a significant portion of her estate to 10 charities, including Respondents. Bagby, whose relationship to Marbaix is not disclosed in the record, was not named as a beneficiary in the 2006 will. On June 12, 2012, Respondents filed a petition to determine persons entitled to distribution pursuant to section 11700. In their petition, Respondents sought an order that the 2006 will was operative and governed the distribution of Marbaix’s estate, and that Respondents were entitled to distribution of the estate in accordance with that will. On July 19, 2012, Bagby filed written objections to the probate of the 2006 will and to the section 11700 petition. In his objections, Bagby stated that he recently had found out about Marbaix’s death, and that he had never been contacted by any person regarding this