In Re Estate Of Wiltfong

148 P.3d 465 (2006)

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Nature of the Case

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Facts

P and Ronald Wiltfong were domestic partners for twenty years until Ronald's death. They lived together and intermingled most of their finances. In 2003, P and Ronald celebrated with two friends. In the presence of the friends, Ronald gave P a birthday card containing a typed letter Ronald had signed. The letter expressed Ronald's wish that if anything should ever happen to him, everything he owned should go to P. The letter also stated that P, their pets, and an aunt were his only family, and 'everyone else is dead to me.' Ronald told P and the friends the letter represented his wishes. Ronald died from a heart attack the following year. P filed a petition to have the letter admitted to probate as Ronald's will. Margaret Tovrea (D), the mother of Ronald's three nephews who would be Ronald's heirs if he died intestate, objected to the petition. The trial court ruled the letter was not a will because it failed to meet the requirements of § 15-11-503(2). Therefore Ronald died intestate. P appealed.