Estate of Lanferman CA1/4

I. FACTS AND PROCEDURAL BACKGROUND

The facts in this matter are undisputed. On June 8, 1984, Paul executed an instrument entitled “Last Will and Testament of Paul E. Lanferman” (Will). Although it is not a part of the record in these proceedings, Susan also reportedly executed a will on June 8, 1984, with terms similar to Paul’s Will. In addition, on that same date, Paul and Susan executed an agreement entitled “Contract Not to Revoke Wills” (Contract). Subsequently, on May 27, 1989, the couple amended the terms of the Contract in an agreement entitled “Amendment to Contract Not To Revoke Wills” (Amendment). As a result of their marriage, Paul and Susan possessed certain community property (Community Property), including the family residence located in Fremont, California (Residence).2 Paul and Susan each had children from previous marriages. Paul had two adult children, including David. Susan has four adult sons. The gist of the estate planning documents referenced above was to ensure that any Community Property still in existence after the death of the surviving spouse would be split equally among all six of the couple’s children. Specifically, Paul’s Will provides as follows:…