Estate of Rebecca Zahau et al v. Shacknai et al

[bourne]

They do look like easy to fix errors. Just looks like the system kicked it back on clerical things.

It is clear from the explanations given in Judge Whelan's Order to Dismiss Dina's motions on 10/30/2013 that Dina's attorneys made PROCEDURAL and LEGAL, STATUTARY errors, not simply "clerical" errors. Read KZ's post again above.

 

[MaybeNotToday]

I don't think some of these are just clerical errors, but I could be wrong.

" Civ. L. Rule 7.1 or 47.1 Briefs or memoranda exceed length restrictions"

Most cases I have been familiar with, the attorneys always know and abide by these restrictions or first submit for something like "an oversized brief" to be okayed. They do not submit them first and wait to be told they are oversized.

Well, most cases I have been familiar with, the attorneys always know in which Court to file their Complaints. Looks like both sides could polish up on their procedural rule abiding.

 

[Carioca]

Here you go K_Z: Dina refiled motion attached. Oops, typo on file name... not reflied, meant refiled.. lol

Apologies for being MIA and not posting much. Time constraints.. Excellent posts everyone.
:seeya:

 

[time]

Well, most cases I have been familiar with, the attorneys always know in which Court to file their Complaints. Looks like both sides could polish up on their procedural rule abiding.

Well, that could be!

 

[MaybeNotToday]

Here you go K_Z: Dina refiled motion attached. Oops, typo on file name... not reflied, meant refiled.. lol

Apologies for being MIA and not posting much. Time constraints.. Excellent posts everyone.
:seeya:

Edited: never mind! I thought the actual pleading had been misspelled.

 

[Cherry]

Interesting he is listing himself as his own atty. So either they have seperated or just have different atty's and he is representing himself? omg.

I wan't alibis for all in the family.

Her family should sue at the same time in civil court for wrongful death.

 

[MaybeNotToday]

Interesting he is listing himself as his own atty. So either they have seperated or just have different atty's and he is representing himself? omg.

I wan't alibis for all in the family.

Her family should sue at the same time in civil court for wrongful death.

Are you reading Dina's refiled motion?

 

[LoveAlways7]

This is infuriating.

I'm sure there are valid explanations (excuses) why such a bonehead (mistake? wtf... that's not a mistake, that's incompetence) mistake as to not even have filed to probate the Estate of RZ. To not have advised Mary that she had to open a probate :maddening:

It's been two years. A bonehead like me knows you have to have a probate court appoint an administrator or adminstratrix.

This makes it smell like Anne Bremner had no intention of helping to see any resolution to fruition unless it was a big fat check pay day prior to any law suit. How could nobody bother to file a probate?

Score one hundred and seventy eight for the evil genius.

 

[LoveAlways7]

Cherries misread the certificate of service.

The attorneys are on the left of the matrix
The represented party is on the right of the matrix

 

[MyBelle]

This is infuriating.

I'm sure there are valid explanations (excuses) why such a bonehead (mistake? wtf... that's not a mistake, that's incompetence) mistake as to not even have filed to probate the Estate of RZ. To not have advised Mary that she had to open a probate :maddening:

It's been two years. A bonehead like me knows you have to have a probate court appoint an administrator or adminstratrix.

This makes it smell like Anne Bremner had no intention of helping to see any resolution to fruition unless it was a big fat check pay day prior to any law suit. How could nobody bother to file a probate?

Score one hundred and seventy eight for the evil genius.

Why are you blaming the Cali attorneys? Probate is usually done in the state of residence isn't it?

 

[IQuestion]

Why are you blaming the Cali attorneys? Probate is usually done in the state of residence isn't it?

MBelle One would think, huh? However, there is always a "catch" somewhere in the laws. I caution my clients, who suddenly decide they want to purchase property in another state....if they own real estate in more than one state, they could be subject to "probate" in each state!
Also, a lot of states do not require probate if the assets of the deceased do not exceed $60K, if the title on their property passes directly to their spouse, RDP, JTWROS, community property states etc. (Pretty amazing & shocking info below)

www.nolo.com › ... › Estates, Executors & Probate Court‎Cached
SimilarIf you own real estate in more than one state, more than one probate proceeding may be ... If that's the case, there may need to be a probate in each state.

 

[MaybeNotToday]

Did Rebecca own property other than the Arizona house?

 

[Carioca]

Did Rebecca own property other than the Arizona house?

Does anyone know if she still owned her AZ house at the time of her murder??

 

[time]

Does anyone know if she still owned her AZ house at the time of her murder??

I found this in Maricopa County, there is nothing under 'Xahau' and no other property records for Rebecca. Looks like she purchased it in 2009 and the deed states it is "her sole and separate property".

Owner:NALEPA REBECCA M
Mailing Address:7349 N VIA PASEO DEL SUR STE 515 , SCOTTSDALE, AZ 85258 USA
Deed #:091002177
Deed Date:October 29, 2009
Sale Date:September 01, 2009

 

[K_Z]

I'm thinking that probate of Rebecca's estate has been initiated, but not completed. MZL is named as "personal representative" in the WDS filing.

[ame="http://en.wikipedia.org/wiki/Personal_representative"]Personal representative - Wikipedia, the free encyclopedia[/ame]

In common law jurisdictions, a personal representative is either an executor for the estate of a deceased person who left a will or the administrator of an intestate estate.[1] In either case, a surrogate court of competent jurisdiction issues a finding of fact, including that a will has or has not been filed, and that an executor or administrator has been appointed.

Some time limits for probate in AZ:

http://info.legalzoom.com/az-statute-limitations-contesting-will-4711.html

Whether Rebecca had a will or was intestate, probate still has to occur, particularly since she apparently owned property in her name only. I'm thinking that the WDS filing has potentially delayed the finalization of probate. I think it's pretty unlikely that probate never was initiated.

 

[MyBelle]

MBelle One would think, huh? However, there is always a "catch" somewhere in the laws. I caution my clients, who suddenly decide they want to purchase property in another state....if they own real estate in more than one state, they could be subject to "probate" in each state!
Also, a lot of states do not require probate if the assets of the deceased do not exceed $60K, if the title on their property passes directly to their spouse, RDP, JTWROS, community property states etc. (Pretty amazing & shocking info below)

www.nolo.com › ... › Estates, Executors & Probate Court‎Cached
SimilarIf you own real estate in more than one state, more than one probate proceeding may be ... If that's the case, there may need to be a probate in each state.

I do not believe RZ owned any property in California.

 

[LoveAlways7]

It is MHO that any attorney that spoke to Mary and spoke about the possibility of filing ANY lawsuit should have spoken with her about the need to be appointed administrator. If you would like to check whether any probate was filed in her state of residence: http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp

 

[bourne]

I'm thinking that probate of Rebecca's estate has been initiated, but not completed. MZL is named as "personal representative" in the WDS filing.

Personal representative - Wikipedia, the free encyclopedia




Some time limits for probate in AZ:

http://info.legalzoom.com/az-statute-limitations-contesting-will-4711.html

Whether Rebecca had a will or was intestate, probate still has to occur, particularly since she apparently owned property in her name only. I'm thinking that the WDS filing has potentially delayed the finalization of probate. I think it's pretty unlikely that probate never was initiated.

Yep, Rebecca's sister Mary, is Rebecca's estate's "personal representative."

"The Arizona Wrongful Death Statute allows a wrongful death action to be brought by the surviving husband or wife, or by the personal representative of the decedent's estate. If the decedent is a child, the action may be brought by either parent. The person bringing the action is called the plaintiff, but the action is pursued for the benefit of the beneficiaries. The beneficiaries on whose behalf the action is pursued are the surviving spouse, the children, and the parents of the decedent, or if none of these survive, the decedent's estate.

In a wrongful death action, there is a single recovery by the plaintiff on behalf of all the beneficiaries, identified in the above paragraph. The recovery will be allocated among the beneficiaries according to the loss suffered by each. If the recovery is on behalf of the decedent's estate, the money will be distributed according to the decedent's will or, if there is no will, according to the laws of intestate succession (which specify how property is to be distributed in the absence of a will).

http://www.loosebrown.com/articles/wrongful-death-law-arizona.html

So the WDS was filed correctly and has legal statutory standing. That is why there were multiple plaintiffs: Estate of Rebecca, Estate of Rebecca's father, Rebecca's mom, and Rebecca's sister as Rebecca's "personal representative".

Have no idea why someone's jumping up and down in gloating glee about probate needing an administrator. Intestate succession would automatically apply if no probate was filed.

 

[bourne]

Here are some info regarding the type of *Damages* that would be awarded in a WDS, and I wanted to highlight "punitive damages" -- damages awarded because the person causing the death acted with an "evil mind":

"In a wrongful death action, the jury must give such damages as it deems "fair and just." The amounts recovered are not subject to debts or liabilities of the deceased, unless the action is brought on behalf of the decedent's estate.

There are six types of damages that may be awarded in a wrongful death case. They are listed below:

Loss of love, affection, companionship, care, protection and guidance. These damages are commonly referred to as loss of consortium damages, and are largely discretionary.

Pain, grief, sorrow, anguish, stress, shock, and mental suffering
experienced by the survivors. The survivors may recover damages for their pain and suffering, but except in an action for elder abuse, the survivors may not recover damages for the decedent's pain and suffering.

Loss of income and services. The survivors may recover damages for their economic loss caused by the death. The measure of these damages is the loss of economic support that each beneficiary would have received from the decedent. In cases where the wrongful death action is brought on behalf of the estate, future earnings of the decedent can be used as the measure of damages.

Funeral and burial expenses. These expenses are recoverable if the beneficiary paid them or is liable for payment.

Medical expenses. Similar to funeral and burial expenses, discussed above, these damages are recoverable only if the beneficiary paid them or is liable for payment.

Punitive damages. Punitive damages, which are intended to punish the wrongdoer, are recoverable if the person causing the death acted with an "evil mind." Punitive damages may be awarded in cases involving drunk drivers. The jury will determine the amount of punitive damages depending on the aggravating circumstances attending the wrongful act, neglect or default."

http://www.loosebrown.com/articles/wrongful-death-law-arizona.html

 

[K_Z]

Filed today by Nina's attorneys:

View attachment Nina reply 11-7-13.pdf