Carnahan v. Alward

Opinion

WARD, J. Objectors Stanton M. Alward, Charles Cliston Alward, Leston Linton Alward, and John Q. Alward (the Alwards) appeal from the order for final distribution of the estate of decedent Doris C. McCrary. The Alwards contend they are the only relatives of the decedent entitled to inherit her estate under the statutes governing intestacy; however, the trial court awarded 14/18ths of the estate to more remote relatives, who, the Alwards contend, were not entitled to anything. We disagree with the Alwards’ interpretation of the controlling statutes, and we affirm.

[102]Facts

Doris C. McCrary died intestate on June 28, 1994.1 She was not survived by any children, parents, siblings, grandparents, aunts or uncles. The Al-wards were maternal first cousins of decedent. The decedent had also had 14 paternal first cousins, all of whom had predeceased her.

The trial court distributed 4/18ths of the residue of decedent’s estate to the Alwards and 14/18ths of the residue of the estate to 67 relatives of the decedent who were issue of the 14 deceased paternal first cousins. The Alwards objected to the distribution, filed points and authorities in opposition to the distribution, and moved to vacate the judgment. These measures were unsuccessful, and the present appeal ensued.

Discussion

Standard of Review.

This appeal involves a pure question of law; thus, the trial court’s determination is reviewable de novo. (Estate of Coate (1979) 98 Cal.App.3d 982, 986 [159 Cal.Rptr. 794].)

Laws Governing Intestate Succession.

The right to succession is defined by statute. (Estate of Knutzen (1948) 31 Cal.2d 573, 578 [191 P.2d 747].) Courts are without power to change the statutory rules governing the law of succession. (Estate of Berk (1961) 196 Cal.App.2d 278, 288 [16 Cal.Rptr. 492].)

Probate Code2 section 64003 et seq. define those who are entitled to inherit from an intestate decedent. Section 6402, subdivision (d), which applies to the present case, provides, “If there is no surviving issue, parent, or issue of a parent but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of such grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.”