Home > Uncategorized > >New Calif. Trust/Estate Case, Estate of Kraus (Re Sections 850 and 859)

>New Calif. Trust/Estate Case, Estate of Kraus (Re Sections 850 and 859)

>Estate of Kraus (Calif. Court of Appeal, 2nd Dist, April 27, 2010), holding that any sufficiently interested party can petition for restitution of misappropriated funds under Cal. Probate Code sec. 850 and it is not necessary for it to have first been finally determined that the petitioning interested person is the person that will ultimately be entitled to receipt of the funds. The Court also upheld the application of sec. 859 which states that “If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to the estate of a decedent … the person shall be liable for twice the value of the property recovered.”

David Tate, Esq.
http://davidtate.us

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