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Probate,
California Courts of Appeal

Mar. 12, 2020

Not final after all: Ruling voids 1991 probate court decree

On Feb. 24, a panel of the 1st District Court of Appeal issued a remarkable opinion concluding that a 1991 decedent estate decree of final distribution approving a settlement agreement was void because of failure to give notice to a contingent beneficiary who seemingly had little chance of ever receiving a distribution.

Jeffrey A. Dennis-Strathmeyer

Jeffrey is an attorney based in Pleasant Hill.

On Feb. 24, a panel of the 1st District Court of Appeal issued a remarkable opinion in Roth v. Jelley, 2020 DJDAR 1508. Reversing the trial court, the opinion concludes that a 1991 decedent estate decree of final distribution approving a settlement agreement was void because of failure to give notice to a contingent beneficiary who seemingly had little chance of ever receiv...

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