Estate of Molino

Jayne T. Kaplan for Claimant and Appellant.

No appearance for Petitioner.

Donald L. Scoggins for Objectors and Respondents.

ALDRICH, J.

Appellant Kevin O'Grady asserts he has valid assignments entitling him to a percentage of the inheritance of respondents Connie Boldt, Frank Hernandez, and Ignacio Hernandez. Respondents are the half siblings of deceased Guadalupe Molino (deceased). [1]

O'Grady appeals from a summary judgment rendered by the probate court holding that the assignments are not enforceable because they are void. We affirm.

On June 30, 1995, deceased executed her last will. She left $100,000 to her longtime friend, Seymour Cohen (Cohen), and divided the residue equally among her five half siblings, including respondents. [2] Deceased's two brothers, Ignacio and Frank, were appointed executors. The month deceased executed her 1995 will, she gave Ignacio her car. She had been having regular telephone contact with Ignacio. Deceased also wrote him letters.

In February 1997, deceased was hospitalized. Cohen filed a petition seeking to become deceased's conservator. He represented to the probate court that deceased had no living relatives. Cohen attached to his…