Estate of Gardner

Wild, Carter & Tipton, Richard A. Harris, Thomas A. Markeson and David A. Yengoyan for Objector and Respondent Valerie Pearce.

Kimble, MacMichael & Upton, Jon Wallace Upton and Mary Ann Bluhm for Objectors and Respondents Danielle Francine Ricchiuti and Mari Ann Ricchiuti.

WISEMAN, Acting P. J.—

This case involves the disposition of approximately $2 million from the estate of James Donald Gardner, Jr. (decedent). Appellant contends that the money should go to her and to her daughter, decedent's mother and sister, respectively, because that was decedent's intent, although he failed to complete the necessary paperwork before he died. Respondents, decedent's ex-wives and children, contend that the money should go to decedent's children. On appeal, appellant contends that the probate court erred in sustaining respondents' demurrer without leave to amend. For the following reasons, we reverse.

On January 23, 2009, appellant Adria E. Underwood filed a first amended petition for an order determining ownership of property under Probate Code section 850 [1] or alternatively for an order to determine the existence of an oral trust under section 5302. In the petition, she alleged that…