Estate of Moundi CA5

FACTS

Harbhajan Singh Moundi (Decedent) and respondent Malkit Kaur Moundi (Surviving Spouse) were married in Punjab, India in June 1952. They had five children—three sons and two daughters. Appellant Gurdial Singh Moundi (Son) is one of their sons. In April 1987, Decedent and Surviving Spouse moved to California. In March 1989, they acquired a house on Penny Lane in Modesto; it was their primary residence (Property). The record contains a translation of what Son contends is Decedent’s first and last will. It was executed in February 2001 when Decedent was about 65 years old. The translation stated: “I with sound mind write this will that till the time I am alive, I will be

Undesignated statutory references are to the Code of Civil Procedure.

2. the owner of my whole assets[;] after my death, my sons Guersewak Singh – Gurdial Singh – Gurbaksh Singh … will be the owners in equal share.” It stated Decedent’s two daughters had already been given their share and his sons also were entitled to “any money in my banks, post office.” In January 2016, a quitclaim deed was recorded stating Jaswinder K. Singh “hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to Harbhajan S…