Legal Opinion
Gularte v. Pradia
California Court of Appeal
Decided March 3, 2011No. B220317PublishedCited by 5 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
At one time the Probate Code appeared to refute the dictum, “Nothing endures but change.” Not anymore.
A purported will is not executed in compliance with Probate Code requirements because it lacks witnesses’ signatures. We conclude the will is *239valid because the trial court found by clear and convincing evidence that the testator who signed it intended it to be his will. (Prob. Code, § 6110, subd. (c)(2).)1
Destiny Guiarte, Donald Karotick and Robert Rodriguez (appellants) appeal a judgment that denied a petition to probate a 1997 will and a trust of Steven Wayne Stoker…
2Cases cited12 opinions
- Alford v. PiernoCalifornia Court of Appeal · 1972
- Estate of WunderleCalifornia Supreme Court · 1947
- Torregano v. TorreganoCalifornia Supreme Court · 1960
- Saunders v. CarissCalifornia Court of Appeal · 1990
- Guardianship of Ann S.California Supreme Court · 2009
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. Anthony, California Court of Appeal, 5th District2019
- Morris v. Trust Co. of the OzarksMissouri Court of Appeals · 2014
- DEBORAH K. MORRIS, Personal Representative of the Estate of Steven W. Groves v. TRUST COMPANY OF THE OZARKS, as Trustee of the William and Kathryn Groves Trust Under Agreement dated July 2, 1991, as amended, Maurice Houghton, Martha Rains, Louise Zook, Evangeline Skelton, John Jack Munsey, Park University, and Fitchburg State CollegeMissouri Court of Appeals · 2014
- Packard v. PackardCalifornia Court of Appeal · 2025
- People v. Criado CA3California Court of Appeal · 2015