In Re Estate of Odian

Bill Lockyer, Attorney General, Belinda Johns, Senior Assistant Attorney General, James M. Cordi, Supervising Deputy Attorney General, Tania M. Ibanez, Deputy Attorney General; Rodriguez, Horii & Choi, Reynolds T. Cafferata, Los Angeles; Swan, Carpenter, Wallis & McKenzie, Kevin A, McKenzie, Sun City; Benedon & Serlin, Gerald M. Serlin and Douglas G. Benedon, Los Angeles, for Contestants and Respondents.

Certified for Partial Publication. [*]

McKINSTER, Acting P.J.

87-year-old Helen L. Odian died in January 2003, leaving her entire estate to appellant Catharina Vulovic, who had been her paid live-in companion for approximately two years before Ms. Odian moved into a nursing home. The trial court found that Ms. Vulovic (hereafter sometimes appellant) exercised undue influence to make herself the sole beneficiary of Ms. Odian's trusts, wills and annuities, and that Ms. Odian lacked legal capacity when she executed the trusts and the annuity contracts. The court also found that appellant was a care custodian within the meaning of Probate Code section 21350, and as such, was disqualified as a beneficiary of Ms. Odian's testamentary instruments.

In the published portion of this…