Kleim v. Sansone

MICHAEL A. WOLFF, Judge.

Issue

Does filing a will contest petition in the probate division before the will is admitted to probate constitute a filing in a court that lacks jurisdiction or a premature filing warranting dismissal? -

Facts and Background

Elden, Choisser died, on August 18, 2005, at the age of 91. The night before he died, Choisser executed a will in which he devised the majority of his estate to Gregory Sansone, Choisser’s neighbor. Sansone’s attorney drafted the will, which left only one share of the residuary estate to Cynthia Kleim, Choisser’s daughter and sole heir. Although…