Estate of Holmes CA4/1
Laura Holmes (Laura) appeals an order denying her motion to vacate under Code of Civil Procedure section 473, subdivision (b). The underlying order surcharged Laura for personal legal fees she improperly paid from the estate of her father, Alden V. Holmes, Sr. (Alden Sr.), while she was acting as his agent pursuant to a limited springing power of attorney. Alden Sr. has since died. Laura contends the probate court erred under section 473, subdivision (b) because she established excusable neglect, i.e., a debilitating illness, for her failure to appear at the surcharge hearing that resulted in the adverse order against her. We conclude the court did not abuse its discretion by denying the motion to vacate and therefore affirm.
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