Studer

BACKGROUND

Dirk Neyhart began living with his then future wife, Patricia Spaugh, in 1995 in her house in Berkeley. Two years later, Neyhart was assaulted and seriously injured, leaving him legally blind, physically impaired, and with memory deficits. The couple remained steadfast, and Spaugh helped Neyhart “have a productive life,” including by remaining in the house where they were residing and with which he was familiar. Neyhart and Spaugh eventually married. Spaugh died in 2016. Probate of Spaugh’s Intestate Estate Shortly after Spaugh’s death, a friend who assisted Neyhart found a will Spaugh had prepared but had not signed.1 The unsigned will would have left the house to Cousin “with the request that she allow Dirk Neyhart to live there.” The unsigned will also would have disinherited Spaugh’s parents and brother (Brother). This was consistent with Neyhart’s understanding that neither Spaugh nor her mother wanted the “wayward brother to get a dime.”

1 Neyhart hired personal assistants to assist him with many tasks, and Spaugh’s cousin (Cousin) also assisted him. For simplicity’s sake, we refer to actions by the assistants on his behalf as actions by Neyhart.

2 Neyhart and…