Estate of Barbour CA1/2
Court of Appeal of CaliforniaDecember 4, 2025A170303California8,679 words
Opinion
Opinion
BACKGROUND
A. Barbara’s Will Barbara’s will is a one-page, typewritten document, witnessed and signed on July 2, 2002. In full, it states:
“THIS IS MY WILL. I REVOKE ALL PRIOR WILLS AND CODICILS.
IN THE EVENT OF MY DEATH I LEAVE ALL OF MY ASSETS,
PERSONAL BELONGINGS, BUSINESS INTERESTS, CASH IN BANK
ACCOUNTS AND ALL PROPERTY TO MY HUSBAND MICHAEL . . . ,
WITHOUT CONDITION OF ANY KIND.
“IN THE EVENT MY HUSBAND MICHAEL DOES NOT SURVIVE
ME I LEAVE MY HALF OF OUR FAMILY ESTATE TO MY BROTHER
RALPH . . . . IN ITS ENTIRETY. NO OTHER PERSONS, RELATIVES OR
OTHERWISE ARE TO RECEIVE ANY PART OF MY ESTATE. MY FIFTY
PERCENT OF OUR COMBINED FAMILY ESTATE IS WILLED TO MY
BROTHER RALPH JOHN CARDANA(AKA.RALPH JOHN CARDINALE)
“EXECUTOR [¶] I NOMINATE GERALD FOLLETT AS FIRST
CHOICE AS EXECUTOR. IF FIRST CHOICE DOES NOT SERVE, THEN I
NOMINATE RALPH JOHN CARDANA(AKA.RALPH JOHN CARDINALE)
AS EXECUTOR. NO BOND SHALL BE REQUIRED OF WHO EVER IS
EXECUTOR.
“I INSTRUCT EXECUTOR TO LIQUIDATE ALL ASSETS INTO
CASH AND DISTRIBUTE MY HALF TO MY BROTHER RALPH JOHN
CARDANA (AKA.CARDINALE).”
3 B. Family Background and Circumstances Leading Up to Barbara’s Execution of Her Will. Barbara met…