Hansen v. Hansen
2003 Daily Journal DAR 13837, 114 Cal.App.4th 618, 7 Cal. Rptr. 3d 688 (2003)
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Rule of Law:
A personal representative, executor, or conservator of a decedent's estate who is not a licensed attorney may not represent the estate in propria persona in a civil action filed outside of probate proceedings.
Facts:
- Betty J. Hansen (decedent) was the mother of Patricia A. Hansen and Christine M.L.R. Hansen.
- In the early 1990s, Christine allegedly withdrew $130,000 from a bank account she held jointly with the decedent.
- The decedent allegedly believed the joint account was a trust for the benefit of all her daughters.
- Christine allegedly represented she would use the money for the decedent's care and divide any remainder among the three sisters after the decedent's death.
- Christine allegedly spent only $40,000 on the decedent's care and kept the remaining $90,000 for herself.
- The decedent died on December 19, 1995.
- Patricia was later appointed the executor of the decedent's estate.
- Patricia allegedly discovered Christine kept the funds in October 1999 during testimony in a separate legal matter.
Procedural Posture:
- Patricia A. Hansen, acting as personal representative for the Estate of Betty J. Hansen, filed a complaint against Christine M.L.R. Hansen in state trial court.
- The complaint was filed as a general civil matter, and Patricia represented the estate in propria persona.
- After several demurrers, Patricia filed a second amended complaint.
- Christine demurred to the second amended complaint, arguing it failed to state a claim and was time-barred.
- The trial court sustained the demurrer without leave to amend.
- A judgment of dismissal was entered by the trial court.
- Patricia, now represented by counsel, appealed the judgment of dismissal to the Court of Appeal.
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Issue:
May a personal representative of a decedent's estate who is not a licensed attorney appear in propria persona on behalf of the estate in a civil action outside of probate proceedings?
Opinions:
Majority - Fybel, J.
No. A non-lawyer personal representative cannot represent an estate in propria persona in matters outside of probate proceedings. The State Bar Act allows individuals to represent their own interests in legal proceedings, but not the interests of others, unless they are active members of the State Bar. An estate is a distinct legal entity, and in representing it, the personal representative is acting for the interests of another. This prohibition applies to general civil actions filed outside the specialized jurisdiction of the probate court. Because Patricia was not a licensed attorney and filed a general civil action on behalf of the estate, the proceedings she conducted in the trial court were invalid. The proper remedy is not to rule on the merits of the case but to strike the improperly filed complaint.
Analysis:
This decision strongly reaffirms the rule against the unauthorized practice of law, clarifying that a fiduciary role like an executor does not create an exception. The case distinguishes between actions within probate proceedings, where a non-lawyer representative might be able to appear for the estate (an issue the court leaves open), and general civil litigation, where they unequivocally cannot. It establishes that the proper appellate remedy for such a violation is to reverse and direct the trial court to strike the complaint, preserving the estate's ability to refile with proper counsel. The court's willingness to raise the issue on its own, despite the opposing party's failure to object, underscores that this rule protects the integrity of the judicial system and is not a right that can be waived by the parties.
