Estate of Ottovich CA1/1
Harvey G. Ottovich, Karen Rayl, Randy Ottovich, and Mark Ottovich (collectively appellants) appeal from a judgment, entered after a 14-day hearing, granting Seaboard Surety Company’s (Seaboard) Probate Code section 850 petition to quiet title two properties in the name of their father’s estate.
Appellants raise numerous issues: (1) Seaboard lacked standing to file a section 850 petition; (2) there is no substantial evidence that appellants acted in bad faith or in willful disregard of probate court orders; (3) the probate court erred in allowing Seaboard to amend its petition to conform to proof; (4) the court abused its discretion in striking appellants’ new trial motion; (5) the court erred in awarding Seaboard attorney fees; (6) the court erred in including money, stocks and annuities in the estate; (7) the court erred in including rent from one of the properties in the estate; and (8) the court erred in rejecting Mark’s and Harvey’s “resulting trust” claims. N
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