Facts

In 2005, Eugene Winans designated his tenants, Susan Hirshfield and Arthur Hughes, as beneficiaries in his will. In 2006, Winans listed his nephew and two nieces, Mark Winans, Dianne Paolucci and Phyllis Burton, as beneficiaries. In the final will, dated June 11, 2007, caregiver Elizabeth Timar, plus other friends, was named beneficiaries. As such, Timar was given a portion of Winans' property.

PETITIONERS' CONTENTIONS:
Petitioners Mark Winans, Paolucci, and Burton, and petitioners Hirshfield and Hughes filed two separate will contests alleging that the final 2007 will was a product of undue influence by Timar and further, that Winans lacked testamentary capacity. They also claimed Timar's portion was invalid under the probate code because she was Winans' caretaker.

RESPONDENT'S CONTENTIONS:
Respondent Timar contended that there was no evidence of undue influence and that she knew nothing about Winans' gift until after he had died.

Damages

Petitioners asked to be named beneficiaries.

Result

The court granted Timar's motion for summary judgment, finding that there was no triable issue of fact raised. Furthermore, Winans' gift to Timar was valid because of the execution of a certificate of independent review pursuant to Probate Code 21351 validating a gift to an otherwise disqualified beneficiary.

Other Information

The decision is being appealed by petitioners Winans, Paolucci, and Burton. Petitioners Hirchfield and Hughes have not appealed.