Estate of Kemmerrer

California Court of Appeal Dec 19, 1952 No. Civ. 19132Published

Before: White

AI Brief

AI-generated · verify before citing

Holding. The court held that individuals who voluntarily pay a decedent's funeral and last illness expenses are entitled to reimbursement from the estate under the doctrine of subrogation, and such expenses must be satisfied before the estate can be set aside to a surviving spouse.

Issues

Whether individuals who pay a decedent's funeral and last illness expenses are 'volunteers' barred from seeking reimbursement from the estate.
Whether the estate must reimburse those who paid funeral and last illness expenses before the estate can be assigned to a surviving spouse under Probate Code section 645.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The doctrine of subrogation embraces all cases where, without it, complete justice cannot be done.”

“The clear policy of the law as expressed in the enactments of the Probate and Health and Safety Codes referred to in this opinion is that funeral and last illness expenses shall be borne by the estate of the decedent.”

WHITE, P. J.

This is an appeal from that portion of an order of the Superior Court of Los Angeles County, sitting in probate, by which the court denied a petition that the entire estate of decedent be set aside to the appellant widow pursuant to the provisions of sections 640 to 646, inclusive, of the Probate Code. By these sections it is provided, in substance, that if the estate of the decedent at the date of his death does not exceed $2,500 in value and the decedent leaves a surviving spouse or minor children who do not have other property or assets exceeding $5,000 in value, then iipon appropriate allegations in a petition for letters of administration or probate of will, or by a separate petition, the entire estate may be set aside to such widow or minor children.

Section 645 of the Probate Code specifically provides in part as follows: “If, upon the hearing of any petition provided for by this article, the court finds that the net value ■ of the estate over and above all liens and encumbrances of record at the date of the death of the decedent does not exceed the sum of two thousand five hundred dollars ($2,500) . . . ,

and that the expenses of the last illness, funeral charges a/nd „expenses of administration have been paid,

it shall by decree for that purpose, assign to the surviving spouse of the decedent, if there be a surviving spouse, or, if there be no surviving spouse, then to the minor child or children of the decedent . . . , if any, the whole of the estate, subject to whatever mortgages, liens, or encumbrances there may be

[812]

upon said estate at the time of the death of .the decedent.” (Emphasis added.)

V. A. Kemmerrer died testate, survived by his widow (appellant herein), two daughters, a son, and his mother. By his will he left all his estate to his friend, Jane Grant, and expressly disinherited the widow, from whom he had been estranged. He made no provision for his children, stating that they were amply provided for by his life insurance. The will was admitted to probate and respondent herein, Bertrand Rhine, was appointed executor. The estate consisted of something over $400 in cash, an automobile appraised at $200, and accounts receivable totaling $1,441.73.

Estate of Kemmerrer

AI Brief

WHITE, P. J.

More from California Court of Appeal

Related research

AI Brief