Estate of Paul Hodge, deceased
Published: Dec. 13, 1997 | Result Date: Aug. 26, 1997 | Filing Date: Jan. 1, 1900 |Case number: 40527 – $0
Facts
Paul Hodge died on March 10, 1997, at the age of 66. Approximately two months before his death, he was diagnosed with terminal cancer. Paul Hodge was survived by two sons, two sisters and two brothers. He did not leave a surviving spouse. However, he had a long term "common law" relationship with Jayne Hodge, from 1968 through 1993. In 1993, Jayne and Paul had separated, and at the time of Paul's death. Jayne was residing with another man. In the course of their relationship, Jayne and Paul had aquired a substantial estate, co-owning several parcels of improved real property in Marin County. Paul Hodge left two wills, the first executed in 1980 and the second in 1997, shortly before his death. The issue presented in this case was whether the 1997 will should be admitted to probate, thereby revoking the 1980 will, or, on the other hand, whether the 1997 will should be denied admission to probate because Paul Hodge lacked testamentary capacity and/or because Paul Hodge was operating under the undue influence of other persons at the time he executed the 1997 will.
Settlement Discussions
The respondent Mark Hodge made a C.C.P. º998 offer of $5,000 to Jayne Hodge in exchange for dismissal. Jayne Hodge made no specific offer as to the will contest.
Other Information
The verdict was reached approximately five months after the case was filed. RESULT: The court found that the 1997 will reflected a "natural and normal" distribution of decedent's estate to his two sons, a brother and a sister. Given the separation of decedent and contestant, and despite the fact they remained friendly during decedent's last illness, it was not surprising that decedent confirmed her interest in property jointly acquired, but left her no interest in his half of that property. The Court further found that the will was discussed, prepared and executed by the drafting attorney in a fully proper and professional manner and that the testimony of decedent's doctors established that the decedent's mental capacity was not impaired in any way. Mark Hodge was appointed executor of the 1997 will which was duly admitted to probate. The Court found the proponents of the 1997 will (Mark Hodge) to be prevailing parties for purposes of an award of costs.
Length
six days
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