Estate of Ivory
Filed 5/25/06 Estate of Ivory CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
Estate of MAGGIE IVORY, Deceased. | |
LARELL FRANKLIN, as Executor, etc., Petitioner and Appellant, v. ALLSTATE INSURANCE COMPANY, Objector and Respondent. | A112545 (San Francisco County Super. Ct. No. 286205) |
LaRell Franklin (Franklin), as executor of the estate of Maggie Ivory, filed a petition in probate court for an order determining that a fire loss affecting the sole asset of the estate was covered under a policy issued to him as an individual by Allstate Insurance Company (Allstate). The trial court denied the petition for lack of jurisdiction. This appeal followed. We affirm.
I. BACKGROUND
Maggie Ivory died testate on January 12, 2000. Franklin was named and appointed as executor of her will. The decedent's house, located at 778 Lakeview Avenue, San Francisco, purportedly was the sole asset of the estate.
In November 2004 Franklin, as executor, transferred the property to himself as a single man. At the same time he obtained a personal loan in the amount of $132,000 from Accredited Home Lenders, Inc. (Accredited) and recorded a deed of trust on the property as security for the obligation. Also in November 2004 Allstate issued a homeowner's policy for the property to Franklin, a single man.
The next month Franklin filed a â€
