Estate Of Hughes v. Patton

5 Cal.App.4th 1607 (1992)

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Nature of the Case

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Facts

Kathryn Hughes died. She and her husband, George Hughes, had been living in her separate property residence. George, as a spouse omitted from Kathryn's will, acquired a one-third interest in the property. Kathryn's two children, Victoria Wiseman, and Charles Marlow received the balance in equal shares. George and his new wife Sylvia continued to live in the residence. They paid the monthly installments on the note secured on the property but paid no additional rent. George died on November 26, 1986, Sylvia remained in the house until July 31, 1988, living there rent-free until July 22, 1987, when the court ordered her to pay a monthly rental of $ 350. Patton (administrator) with the will annexed of Kathryn's estate, asks the court to decide whether the probate court correctly determined that Danice Diemoz, the former special administratrix of that estate, had no liability even though she failed to obtain a reasonable rental for the property during the 10 years she was the estate's personal representative. The probate court let her off the hook. Patton appealed. The facts reflect that had a reasonable rental been charged against George, his one-third interest in Kathryn's estate would have been reduced by $ 84,275.87.