Estate of Mauzey
Don W. Mauzey died on June 2, 2002, in Riverside. His daughter Kelly Mauzey filed a petition to administer the estate, asserting that Mauzey died intestate. Kelly and her brother James Mauzey were his only children and thus the only heirs. The petition was granted on February 24, 2003.
In August 2003, the decedents brother Larry Mauzey filed a successor petition to probate a will dated November 14, 1995. The will left $100 each to Kelly and James. It made bequests totaling $25,000 to another brother, Ronald Mauzey, and two nieces and a nephew of the decedent. The will left the remainder of the estate, which was estimated to exceed $1 million, to the decedents parents, Ruth and Wayne Mauzey. Wayne Mauzey was by then deceased. The court denied the successor petition, finding that it was untimely pursuant to Probate Code section 8226, subdivision (c).[1] Ruth Mauzey, the primary beneficiary under the will, filed a timely notice of appeal. While the appeal was pending, a new successor petition to probate the will was filed on behalf of Ronald Mauzey, who was then incarcerated in the state prison at Soledad, serving a sentence for murder. The court granted that petition, and James and Kelly appealed.
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