Estate of AshlockAnnotate this Case
Probate Code section 856 clearly and unambiguously grants the probate court the power not only to order a conveyance or transfer to the person entitled to the property in question, but also to grant other appropriate relief.
In this consolidated probate matter involving Stacey Carlson and Gabriel Ashlock, Stacey challenged a judgment entered in a bifurcated proceeding on issues of damages and remedies. In the published portion of the opinion, the Court of Appeal applied de novo review and held that the proper interpretation of section 859 is reflected in Estate of Kraus, supra, 184 Cal.App.4th 103, and not Conservatorship of Ribal, (2019) 31 Cal.App.5th 519. The court affirmed in part, reversed in part, and remanded for further proceedings.