Estate of Ringgold CA2/7

Filed 5/21/13 Estate of Ringgold CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EUGENIA RINGGOLD, B235032 Deceased. (Los Angeles County Super. Ct. No. SP008233) DORIAN CARTER,

Petitioner and Appellant,

v.

THOMAS MCCULLOUGH, Jr., as Administrator, et al.,

Respondents.

APPEAL from orders of the Superior Court of Los Angeles County. Joseph Biderman and Craig Karlan, Judges. Dismissed. Law Offices of Amy P. Lee and Amy P. Lee for Petitioner and Appellant. Douglas S. Fabian for Respondent Thomas McCullough, Jr. Nina R. Ringgold for Respondent Nathalee Evans.

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Dorian Carter, daughter of decedent Eugenia Ringgold, appeals the denial of her ex parte application to vacate a series of orders made in the probate case involving Ringgold’s will. We dismiss the appeal because Carter, as a disinherited child, lacks standing to appeal issues relating to the administration of the estate.

FACTUAL AND PROCEDURAL BACKGROUND

The dispute over Eugenia Ringgold’s estate has been before this court many times. Ringgold created a will and trust before her 2006 death. Tracy Sheen, who had been designated as trustee in an interlineation to the trust document, petitioned to be confirmed as trustee. Ringgold’s friend Nathalee Evans challenged the petition and sought to be appointed trustee herself. Ultimately, Sheen was confirmed as trustee, and this Court affirmed Sheen’s confirmation. (Evans v. Sheen (Mar. 2, 2010, B196909, B201949, B202637, B209064) [nonpub. opn.].) Evans then petitioned for Ringgold’s will to be admitted to probate and to be named executor. (Evans v. McCullough (Nov. 14, 2012, B232397) [nonpub. opn.], at p. 2.) The probate court declined to name Evans as the executor and appointed Thomas McCullough, Jr. as special administrator. (Id. at pp. 2-3.) Evans appealed, and we affirmed the court’s orders. (Id. at p. 1.) Now Dorian Carter, Ringgold’s daughter, has joined the dispute. Carter was disinherited by Ringgold’s estate plan and has not filed a will contest. On June 9, 2011, she filed an ex parte application seeking to vacate orders appointing McCullough as the special administrator, administrator with will annexed, or in any other capacity; to vacate the court’s orders of January 21, 2011, February 25, 2011, April 8, 2011, and May 20, 2011;1 to cause Ringgold’s records be handed over to Carter; and to secure an order to