Estate of Savic CA2/7
Krsta Bosko Savic died in 2005 at the age of 98. His son Zivomir filed a petition for probate of Krsta’s 1992 will, which left the entirety of Krsta’s estate to Zivomir. Krsta’s longtime neighbor and friend Janeen Whalen filed a competing petition for probate of a 2005 will, executed six weeks before Krsta’s death, which left $1 to Zivomir and the remainder of Krsta’s estate to Whalen.
In its statement of decision following a bench trial on the competing petitions, the trial court found the 2005 will was valid, but that Whalen had been Krsta’s “care custodian” (care custodian) within the meaning of Probate Code former section 21350, subdivision (a). Thus, Whalen was statutorily disqualified from inheriting under the will unless she presented clear and convincing evidence the donative transfer to her was free of undue influence. (Former §§ 21350, subd. (a)(6), 21351, subd. (d).)
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