Estate of DONNA MARIE TREGO, Deceased. ROBERT E. IMPERIALE, JR., Petitioner and Appellant, v. GEORGE DYSERT, as Co-administrator, etc., et al., Objectors and Respondents, 81 Cal. App. 3d 530

Summary

The decedent died intestate leaving minor children and respondent parents. Appellant father was the children's father. He and the decedent had been divorced. The trial court appointed respondents as coadministrators. Appellant sought review, claiming that he was entitled to preference under Cal. Prob. Code § 426, which allowed letters of administration to be granted to the guardian of the minor children who could not themselves serve as administrators. Appellant was the children's guardian ad litem. The court affirmed. The court found that § 426 did not require nomination of administrator by the children. The court held that appellant's status as a guardian ad litem did not entitle him to preference as an administrator under § 426, and was merely a "legally competent person" under § 422. The court found that such result was consistent with the policy expressed in the provisions provided for administrators, with which the priorities for appointment of a general guardian were in accord. ...