Jensen v. Estate of Gambidilla

Lorna Jensen, the former personal representative of her daughter’s estate, appeals from a civil contempt order entered in a probate proceeding. That order required Jensen’s incarceration until she returned certain items of personal property to the estate. We reverse, because neither the civil contempt order nor the record evidence demonstrate that Jensen had the present ability to comply with the order.

Gina Gambidilla died at age thirty-four. She was survived by her father and her mother, Lorna Jensen. At the time of her death, the decedent lived with her boyfriend, Wayne Bisso. She was a…