Surrogate Margarita Lopez Torres
A will proponent moved for summary judgment dismissing objections to the will, and admitting it to probate in this contested probate suit. Nominated successor executor, Edwards, offered an instrument, executed in 2006, for probate. The will had a pour-over provision of the residuary of decedent’s estate into a trust, executed the same day, that transferred real property to the trust and maintained a life estate in the property during her lifetime. The trust was amended twice during decedent’s lifetime, changing the beneficiaries, their bequests and the beneficiary who would receive the remainder. Four siblings objected to the probate of the proffered instrument, trust and trust amendments asserting lack of due execution and undue influence, among other things. Objectant Waller, decedent’s sibling, claimed a handwriting analysis expert concluded the signature on the subject documents was not decedent’s. The court found the expert’s report was unsworn, there was no list of the documents of known signatures the expert used for comparison provided, thus, the expert’s opinion was not in admissible form. A statement of forgery alone was insufficient to raise a triable issue of fact. Thus, dismissal for lack of due execution was granted.
