Facts

In April 2004, Libby L. Freeman executed the Libby L. Freeman Trust in Orange County. This trust was the third amendment and purportedly disinherited Freeman's grandchildren in favor of Bruce and Donna Fingerhood, the son and daughter-in-law of Freeman's second husband. It also replaced petitioners Arthur Gorlek and Linda Janesick, Freeman's brother and niece, with Bruce and Donna Fingerhood as successor-trustees of the trust.

PETITIONERS' CONTENTIONS:
Petitioners contended that the third amendment was invalid because it was the product of either undue influence or Freeman's incapacity.

RESPONDENTS' CONTENTIONS:
Respondents contended that Freeman had testamentary capacity when she executed the amendment and that there was no undue influence. Respondents also contended that Freeman executed the amendment due to her disenchantment with her blood relatives.

Settlement Discussions

$30,000 offer to settle.

Injuries

Petitioners sought to invalidate the third amendment to the trust.

Result

Judge Gerald Johnson found the third amendment to be a product of incapacity and not one of undue influence. As a result, the trust was set aside and invalidated. Petitioners Gorlek and Janesick replaced respondents Bruce and Donna Fingerhood as trustees and Freeman's grandchildren replaced Bruce and Donna Fingerhood as the heirs. Pursuant to Probate Code section 811, the judge found that Libby Freeman was unable to correctly recall the date and or recognize familiar persons, could not effectively communicate with others either verbally or otherwise, was unable to understand conversation, could no longer recognize familiar objects, and had lost her ability to comprehend abstract concepts.

Other Information

FILING DATE: April 24, 2008.

Length

five days