Facts

Respondent Henry Porras filed a document purporting to be the last will of the decedent, Norman Nielsen, together with a petition requesting that the document be admitted to probate and that Mr. Porras be named administrator of the estate. Mr. Porras stood as the primary beneficiary under the purported will. Contestant Arlene Temte is a cousin of decedent.

Ms. Temte filed a contest of the will, alleging that it was procured by Mr. Porras by fraud and as a result of his undue influence over decedent and that it was improperly executed. Based on the information obatined through discovery, Ms. Temte filed a motion for summary judgment on her will contest.

Result

The Court granted the motion for summary judgment, finding that the will was invalid. The Court denied the will probate and ordered that decedent's estate be administered as if he died intestate. Additionally, the Court granted a petition by Ms. Temte to appoint an administrator of decedent's estate.

Other Information

Mediator: Judge Mitchell L. Beckloff.