Estate of STEVEN WAYNE STOKER, Deceased. DESTINY GULARTE et al., Petitioners and Appellants, v. DANINE PRADIA et al., Objectors and Respondents
193 Cal. App. 4th 236 · B220317
California Court of Appeal, Second Appellate District · Filed
Published · citable
Cites 5
Holding
The court held that a handwritten document dated 2005, though lacking the requisite witness signatures, was properly admitted to probate as the decedent’s valid will pursuant to Probate Code section 6110, subdivision (c)(2), because clear and convincing evidence established the testator’s intent that it constitute his will. It further held that a petition to probate a subsequent will constitutes, in practical effect, a timely contest to a prior trust within the meaning of Probate Code section 16061.8, and that the 2009 amendments to the Probate Code applied to the proceeding.
Statutes construed
- PROB § 6110
Authorities cited (5)
- Estate of KONSTANTIN WUNDERLE, Deceased. MARION DI PAULO, Appellant, v. FRED R. WITTMER et al., Respondents 30 Cal.2d 274
- Estate of EVELYN I. ANDERSON, Deceased. CAROLE J. DE PAUL, Petitioner and Respondent, v. ROBERT C. IRWIN II, Contestant and Appellant 56 Cal.App.4th 235
- Estate of MARGARET HORWITZ MacLEOD, Deceased. DOROTHY DAVIS et al., Petitioners and Respondents, v. DAVID ALBERT HORWITZ, Contestant and Appellant 206 Cal.App.3d 1235
- MICHAEL O'BRIEN, as Conservator, etc., Plaintiff and Appellant, v. JACK DUDENHOEFFER et al., Defendants and Respondents 16 Cal.App.4th 327
- JUDITH LYNN GARDENHIRE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; JOSEPHINE A. FRANCESCONI et al., Real Parties in Interest 127 Cal.App.4th 882