Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Edmundo Gomez died in 2001; his wife, Rose Gomez, died in May 2002. The Gomez’s grandchildren filed an application to probate the couple’s 1991 wills, which was met with opposition from the Gomez’s son. In turn, the son sought to probate wills the pair executed in 2000. The grandchildren said their grandparents lacked capacity when the 2000 wills were executed. A jury trial ensued. The jury found undue influence and lack of capacity. The probate court entered a judgment: 1. denying the son’s application to probate the 2000 wills, 2. setting aside a deed signed at a time that the Gomezes lacked capacity, 3. setting aside an account opened at a time that Mrs. Gomez lacked capacity, and 4. awarding the grandchildren attorneys’ fees for contesting the 2000 wills. The Gomez’s son filed a notice of appeal but later filed a motion with this court to have the appeal abated, because his notice was premature. This court ordered briefing to determine if the probate court order could be appealed. HOLDING:Dismissed for lack of jurisdiction. The court looks to Probate Code 83(a), which controls the finality of judgments when two competing will applications are pending. The court concludes that, because the trial court has not ruled on the grandchildren’s application to probate the 1991 wills and has not determined what instrument, if any, should be admitted to probate, the trial court’s judgment denying to probate the 2000 wills is not appealable. OPINION:Per curiam; L�pez, C.J., Stone and Duncan, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.