Mejdal v. Kohn CA4/3
This case concerns the estate of Alan Kohn. Unable to locate a will, Alan’s brother, Byron Kohn, filed a petition for letters of administration and published notice of it pursuant to the Probate Code. After the probate court appointed Byron administrator of the estate and reviewed the final report he prepared in that role, it ordered a final distribution by which Byron received all property of the estate. Months later, Svend Mejdal, Jr., Alan’s godson, came forward with a copy of a will purportedly executed by Alan 40 years earlier; which ostensibly left half of the estate to Mejdal.
Mejdal filed a petition to probate the will. Following a bench trial, however, the probate court concluded the petition to probate the will was not timely under Probate Code section 8226, subdivision (c). Mejdal challenges that conclusion, arguing the deadlines specified in the statute do not apply because he never “received notice” of Byron’s petition for letters of administration.
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