Estate of Simon CA2/7
After Selma V. Simon died in 2013, her next-door neighbor, Leonard Anebere, petitioned the court to invalidate her living trust, claiming Simon had more recently executed a holographic will naming him the beneficiary of Simon’s estate and the holographic will had effectively, albeit impliedly, revoked the trust. Anebere’s operative second amended petition also alleged Gregory Jones, Simon’s financial advisor and sole beneficiary under the trust, had exercised undue influence over Simon when she created and amended her trust. Having already provided Anebere with two opportunities to amend his petition to attempt to state a viable cause of action, the probate court sustained without leave to amend Jones’s demurrer to both causes of action and entered judgment in favor of Jones. We reverse the judgment to permit Anebere one final opportunity to amend his petition to state a cause of action for undue influence and, in all other respects, affirm.
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