Judge: Kerry Bensinger, Case: 24STCP00007, Date: 2024-03-06 Tentative Ruling

Case Number: 24STCP00007    Hearing Date: March 6, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     March 6, 2024                                                TRIAL DATE:  N/A

CASE:                         Estate Research Associates v. Controller of the State of California

CASE NO.:                 24STCP00007

MOTION FOR ORDER DETERMINING ENTITLEMENT TO ESCHEATED PROPERTY AND ORDERING PAYMENT

MOVING PARTY:               Petitioner Estate Research Associates

RESPONDING PARTY:      No opposition

I.          INTRODUCTION

On January 2, 2024, Petitioner Estate Research Associates filed a petition (the “Petition”) to establish a claim to escheated property.  Petitioner is a private investigator who entered into a contract with Christine Martinez (“Martinez”) wherein Martinez agreed to assign Petitioner 35 percent of her interest in funds being held by the California State Controller for the benefit of Martinez’s maternal first half cousin once removed, Mary Alvidrez (“Alvidrez”). 

On January 25, 2024, Petitioner filed Proof of Service showing the Office of the Attorney General and the California State Controller were served with the Petition and notice of the hearing for this Petition.

On February 14, 2024, the California State Controller sent a letter addressed to this court stating it does not object to the Petition. 

II.        DISCUSSION & LEGAL STANDARD

When a person dies without a will and without heirs at law, as defined by the state laws of intestate succession, all of the unclaimed portion of the estate of the deceased escheats to the state on the date of the decedent's death, subject to creditor’s claims and the costs of estate administration.  (Prob. Code, §§ 11900-11904.)  Upon the expiration of five years after the entry of judgment in any proceeding filed pursuant to the Unclaimed Property Law, the completion of the notice period in an escheat action filed pursuant to Code of Civil Procedure (CCP) section 1415 (money or personal property), or a decree of distribution of estate assets to the state pursuant to the Probate Code, the property covered by that proceeding or action permanently escheats to the state.  (See Code Civ. Proc., § 1430, subd. (a).)  The purpose of this five-year period is to protect previously unknown heirs from having the property permanently escheat to the state and to allow them time to make a claim to the state for the property.  (Estate of McGuigan (2000) 83 Cal. App. 4th 639, 645.) 

During the five-year period, a person may file a petition showing his claim or right to the money or other property, or the proceeds thereof.  (Code Civ. Proc., § 1355.)  CCP section 1355 sets out the requirements for a petition filed to claim an escheated estate, including the presentation of detailed information on the identities and whereabouts of all potential heirs of the decedent or an express statement why the petitioners are unable to set forth any particular information called for.  (Estate of Supeck (1990) 225 Cal.App.3d 360, 365-66.)  If it is determined that a person is entitled to the money or other property or the proceeds thereof, the court must order the property to be delivered to him.  (Id. at p. 366.) 

At least 20 days before the hearing of the petition, a copy of the petition and notice of hearing must be served on the Attorney General and on the Controller, and the Attorney General may answer the same at his discretion.  (Code Civ. Proc., § 1355.) 

Here, the court finds that the Petition sets forth the basis for Martinez’s entitlement to Alvidrez’s property and has provided the Attorney General and Controller with the requisite notice.  (See Elissiry Decl., Exs. 1-17; 1/25/24 Proof of Service.) 

IV.       CONCLUSION

            Accordingly, the unopposed Petition is GRANTED. 

Petitioner to give notice. 

Dated:   March 6, 2024