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Estate of Rodney A. Haddock, Deceased. v. Kevin Haddock

December 19, 2012

ESTATE OF RODNEY A. HADDOCK, DECEASED. MARK J. RAMSEY ET AL., AS ADMINISTRATORS, ETC., PETITIONERS AND RESPONDENTS,
v.
KEVIN HADDOCK, OBJECTOR AND APPELLANT.



(Super. Ct. No. 392009212210PKPLSTK)

The opinion of the court was delivered by: Robie , J.

Estate of Haddock CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Respondents Mark J. Ramsey and Julie A. Buller, co-administrators of the Estate of Rodney A. (Rod) Haddock (the administrators), successfully petitioned the trial court for an order confirming that certain parcels of real property are owned by the estate, and that appellant Kevin A.E. Haddock has no interest in them. Kevin*fn1 now appeals. Because Kevin has shown no reversible error, we shall affirm the trial court's order.

BACKGROUND

We treat this case as an appeal on the judgment roll, because it reaches us based only on a partial clerk's transcript.*fn2 (Cal. Rules of Court, rules 8.830, 8.832; cf. O'Callaghan v. Southern Pac. Co. (1962) 202 Cal.App.2d 364, 366-367.) Accordingly, we presume that the trial court's findings of fact are supported by substantial evidence, and its conclusions of law are binding upon us unless error appears on the face of the record. (Nielsen v. Gibson (2009) 178 Cal.App.4th 318, 324-325.)

I

Rod's Actions As Administrator Of The Estate Of Arthur Mark Haddock

Rod and Kevin were brothers: Arthur (Arthur) Mark Haddock was the father of Rod and Kevin. Arthur also had two other children.

Arthur died intestate in 1978, a resident of Calaveras County. Rod was appointed the administrator of Arthur's estate by the Calaveras Superior Court. Between 1980 and 1990, Rod distributed the estate's assets to Arthur's four children; each (including Kevin) received 25 percent of Arthur's net estate. Rod also prepared accountings of those distributions. A decree of settlement of account and final distribution was filed on July 20, 1981, and no appeal was ever filed. The attorney who represented Rod in his administration of Arthur's estate verified that all of the assets of Arthur's estate were distributed to the four beneficiaries, but Rod was never formally discharged as the administrator of Arthur's estate.

Nearly 20 years later, in April 2009, Rod died a resident of San Joaquin County. In a holographic will, Rod left his "entire estate to dear friend Shirley May Ramsey" for her to dispose of according to his wishes "that she and I have discussed." Rod's will was admitted to probate and Mark J. Ramsey and Julie A. Buller were appointed administrators of Rod's estate.

After Rod died, Kevin came to believe that Rod had improperly administered their father's estate, and that Rod had comingled his own property with assets belonging to Arthur's estate.

Kevin filed a $5 million creditor's claim against Rod's estate, asserting that he recently discovered Rod had "destroyed" a will of Arthur's leaving everything to Kevin, and had comingled his assets with Arthur's estate. Kevin also alleged, the administrators of Rod's estate had stolen from Rod, destroyed evidence related to Rod's administration of Arthur's estate, and attempted to conceal from Kevin the probate proceedings related to Rod's ...


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