Nature of the Case
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Facts
In 1997, decedent executed a will and nominated Gularte to be the executor of his estate. In article two of the will, he listed Karotick and Gularte as the beneficiaries of gifts of personal property. In article three, he stated, “I give the residue of my estate to the trustee of the 1997 Steven Wayne Stoker Revocable Trust, created under the declaration of trust executed on the same date as, but immediately before, the execution of this will … .” Gularte was listed as the successor trustee of that trust. Decedent died on February 27, 2008. P filed a petition to probate the will and requested that she be appointed the executor. D filed an objection to P's petition to probate the 1997 will and claimed that her father had executed a more recent will. D filed a petition to probate a handwritten will signed by their father on August 28, 2005. The will provides, “To Whom It May Concern: [¶] I, Steve Stoker revoke my 1997 trust as of August 28, 2005. Destiny Gularte and Judy Stoker to get nothing. Everything is to go to my kids Darin [sic] and Danene [sic] Stoker. Darin [sic] and Danene [sic] are to have power of attorney over everything I own.” The will contained no witnesses' signatures. Meier testified that she wrote that document in her handwriting “word for word” from decedent's dictation. She handed it to him, “he looked at it, and he signed it.” Decedent told Meier that this was his last will and testament. Moreover, in front of the witnesses, he urinated on the original copy of the 1997 will and then burned it. Homer Johns, a friend of decedent's, testified that he saw decedent sign the 2005 will. The court held the 2005 will as valid as the 1997 will was revoked by operation of law. Ps appealed. Ps claim that the 2005 will does not meet the requirements for a “formal witnessed will,” and therefore the trial court erred by admitting it to probate.
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