Estate of Montgomery CA1/3

BACKGROUND

On April 18, 2023, Larsen filed a petition for probate of Montgomery’s will, dated February 20, 2023 (the February 2023 will). Larsen alleged that the February 2023 will, which names him as a beneficiary and executor, was

1 executed by Montgomery two days before she died on February 22. The February 2023 will attached to Larsen’s petition contains two handwritten paragraphs: “Helene Montgomery last will and wishes and testament. That will be splitting my property between my Ex Husband William Edward Montgomery and my nephew John J Larsen and my daughter Barbara Horsfall. [¶] My house, car, boat, bank accounts. Bank Accounts are at Wells Fargo nephew John Larsen is my executor. Property is to be split evenly between the three individuals mentioned above I wish to be cremated with ashes shared if they want.” A difficult to read signature appears beneath the two paragraphs and, beneath that, the following statement in handwriting that matches the substantive text: “Wendy A Drew – witness.” Larsen attached to his petition an “All-Purpose Acknowledgment” completed by a notary public, who attested that Montgomery signed a handwritten last will dated February 20, 2023. The…