Deary

Petitioners Donald R. Deary, executor of the Estate of Roy Grant Deary, Jr., et al. (defendants), contend that a discovery order issued by respondent Superior Court of Sacramento County requiring them to provide copies of estate tax returns to real party in interest Carolee Hendrick (plaintiff) violates their privilege to keep such returns confidential. They seek a writ of mandate from this court directing respondent to set aside its order requiring disclosure of the returns. We shall grant the requested relief.

Plaintiff’s cross-complaint alleges that decedent Roy Grant Deary, Jr. (Deary) promised to provide a home and financial support to her for the rest of her life in return for her giving up her own employment, moving into his residence, and becoming his full-time homemaker, companion and caregiver. Deary died in 1999..Neither his will, nor the family trust he established prior to death, provides plaintiff the benefits she claims' were promised. Her creditor’s claim against the estate was rejected and, in December 1999, she filed her cross-complaint, which states nine causes of action seeking, under a variety of legal theories, to recover from the assets of the…