Peralta v. Peralta

OPINION

FRY, Judge.

{1} Nora Peralta filed suit against her brother Manford Peralta and her sister Ruby Archuleta seeking to recover assets of their mother, Helen Peralta, that had been diverted prior to Helen’s death by Manford and Ruby (Defendants). The district court granted summary judgment to Manford and Ruby on the basis that Nora’s action should have been brought in a probate proceeding on behalf of the estate. Nora appeals the order granting summary judgment. We reverse, concluding that Nora could file her suit as a civil action, and remand for trial.

BACKGROUND

{2} After the death of her…