NATURE OF PROCEEDINGS: Hearing on Petitioner's Petition to Establish Claim to Escheated Property

 

Petitioner's Petition to Establish Claim to Escheated Property is granted.

                                                                                                                                       

BACKGROUND

Petitioner Estate Research Associates (Petitioner), on behalf of real party in interest, Little Eddie Muchakaneyi (Claimaint), filed this petition against the Controller of the State of California, seeking to establish a claim to escheated property of the estate of decedent, Eddie Talents (Decedent).

Petitioner is a California Corporation licensed by the State of California as a private investigation firm (CA License No. PI 21287) specializing in missing and unknown heir cases. Petitioner investigated to identify and locate any heir entitled to Decedent’s escheated funds. Petitioner located Claimant, a child of Decedent, who resides in Zambia. In consideration of being located and informed of his interest in the escheated funds, Claimant has assigned 20% of his interest in the escheated funds to Petitioner.

On December 11, 2024, Petitioner served the notice of hearing and petition on the California Attorney General and the Controller. The Controller’s office confirmed receipt of service and does not object to the petition.

 

 

LEGAL STANDARD

Code of Civil Procedure section 1355 authorizes a person entitled to escheated property to file a petition in the Superior Court of the County of Sacramento or any city or city and county in California where the Attorney General has an office. See Code Civ. Proc., § 401, subd. (1). Such a petition must include the specific information required in section 1355, and “[if] for any reason, the petitioner is unable to set forth any of the matters or things hereinbefore required, he shall clearly state such reason in his petition.” Code Civ. Proc., § 1355. The petitioner must serve a copy of the petition and notice of the hearing on the Attorney General and the Controller at least 20 days before the hearing. Ibid. The Attorney General may but is not required to answer the petition. Ibid. The issues are tried as issues in a civil action. Ibid. If the court determines that the petitioner is entitled to the property, it must order it delivered to him, or if it has been sold, it must order the Controller to pay the proceeds from the Treasury without interest or cost to the state. Ibid.

“Under section 1355, the right to escheated property ‘belongs only to heirs who file timely section 1355 petitions, whatever their degree of kinship to the decedent. If a “prior heir” who could file a timely claim fails to do so, the express terms of section 1355 bar him or her absolutely from making a claim to the estate thereafter….’” Estate of McGuigan (2000) 83 Cal.App.4th 639, 646 (quoting Estate of Supeck (1990) 225 Cal. App. 3d 360, 369). “Moreover, ‘when statutory escheat procedures are followed’ and the court determines that the petitioners are heirs of the decedent, they are entitled to immediate distribution of the escheated estate, regardless of whether there might be other unknown heirs closer in line to the decedent, who will be forever divested of their interest in the estate.” Id. at p. 647 (quoting Parage v. Couedel (1997) 60 Cal.App.4th 1037, 1042).

 

 

ANALYSIS

The Court finds as follows:

1. Rob Bonta is the Attorney General of the State of California and has an office in the City and County of Los Angeles, California.

2. The petition is properly filed in this Court under Code of Civil Procedure section 401.

3. Petitioner is an assignee of Claimant, Little Eddie Muchakaneyi, the son and the sole heir-at-law of Decedent, Eddie Talents, (also known as “Eddie T Muchakaneyi,” Extra T Muchakaneyi,” “Extra Talent Muchakaneyi,” “Eddie Muchankeneyi,” “Eddie M Muchena,” “Eddie T. Muchakaneyi,” “Extra T. Muchakaneyi,” “Extra Talent Muchakaneyi,” “Eddie Muchankeneyi,” “Eddie M. Muchena,” “Eddie Mchena,” “Eddie Talent Muchakaneyi,” and “Eddie T. Talents”).

4. Decedent died intestate, and his estate was administered in the Superior Court of Los Angeles County, case number 21STPB10459, by Cherry Wong-Yu, Deputy Public Administrator. An Order Approving First and Final Account and Report of Administrator; Petition for Allowance of Statutory Commissions and Fees for Compensation to Administrator and Counsel and Extraordinary Fees, and for Distribution was issued on August 9, 2024, ordering that $363,209.79 be deposited with the State Controller and held for the heirs to the estate.

5. On November 7, 2024, funds from Decedent’s estate were distributed to the State Controller via check #42445 for $379,267.62.

6. Neither Petitioner nor Claimant had notice of the pendency of the probate proceedings by citation, publication, or otherwise, and did not appear in those proceedings, either in person or through an attorney.

7. Decedent was born on May 17, 1949, in Zimbabwe under the name Eddie Muchakaneyi Muchena. Decedent’s mother was Clara Doreen Muchena Satimburwa, born in Mutare, Manicaland, Zimbabwe. Neither Petitioner nor Claimant have information about Decedent’s father, whether his parents were ever married, or if Decedent ever became a US citizen.

8. Claimant was born on June 10, 1974, in Lusaka, Zambia. His parents are Decedent, then known as Eddie Muchakaneyi Muchena, and Joyce Mutebe.

9. Many years ago, Decedent told Claimant he had another child in Malawi. Claimant never knew this potential child’s name or whereabouts and never met them. Petitioner has no information about this possible other child.

10. Decedent was divorced at the time of his death. His first known marriage was to Barbara (last name unknown) at an unknown date and location. They divorced in 1982 in Los Angeles. His second known marriage was to Annette (last name unknown) at an unknown date and location. They divorced in 1986 in Los Angeles.

As a child of Decedent, Claimant is an heir under California Probate Code section 6402(a). That Decedent may have at least one additional child is not a bar to the immediate distribution of the property. See Estate of McGuigan, surpa, 83 Cal.App.4th at p. 647. While Petitioner fails to include some of the requisite information regarding Decedent, the Court is satisfied that Petitioner could not obtain this information. Accordingly, it is hereby ordered as follows:

A. Little Eddie Muchakaneyi is the sole heir of Decedent, Eddie Talents.

B. The Controller of the State of California, shall distribute the $379,267.62 deposited by the Estate of Eddie Talents, as follows:

1) $75,853.52 (20%) to Estate Research Associates, Inc., mailed to 111 Deerwood Road, Suite 230, San Ramon, California 94583; and

2) $303,414.10 (80%) to Little Eddie Muchakaneyi through an electronic bank transfer to his bank account, as specified in a written and signed document submitted to the California State Controller by Little Eddie Muchakaneyi.

C. If the amount held by the California State Controller is different than $379,267.62, the amounts distributed to Little Eddie Muchakaneyi and to Estate Research Associates are to be adjusted accordingly by the California State Controller without further court order.

 

CONCLUSION

Petitioner's Petition to Establish Claim to Escheated Property is granted.