Wharff v. Rohrback

Appellants 1 appeal an order of the probate court denying their motion to remove Marleeta Rohrback (respondent), mother of the decedent Marlisha Rohrback, as personal representative of the estate. We reverse.

The primary beneficiary of the estate is Sonja Rohrback, infant daughter of Marlisha. The only asset of the estate is the wrongful death claim being pursued by respondent arising out of the October 30,1995, accident that killed Marlisha. The accident occurred about 2:00 a.m. on Interstate 5 near Albany. Respondent was driving a Toyota car northbound; Marlisha, who was 15, was in the front…