Lissoy v. Leach

Opinion

BEDSWORTH, Acting P. J.

Albert O. Lissoy, a creditor of the estate of Roberta W. Myers, deceased, appeals from a summary judgment disposing of his petition for an order pursuant to Probate Code section 850.1 Lissoy’s petition sought to recover profits from the sale of real property for the benefit of the estate’s creditors, based upon a claim the property had previously been fraudulently conveyed by Myers. The probate court determined Lissoy’s petition failed as a matter of law because: He lacked standing to pursue an order under section 850; he failed to exhaust his right to require…