Estate of Bevacqua CA4/2

INTRODUCTION

This case arises from a probate court contest over two competing wills. In 2009,

Joe Bevacqua executed a will prepared by his attorney (2009 will). Bevacqua’s neighbor

and friend, respondent Guadalupe Fernandez de Gutierrez (Fernandez) was named as

executor and sole beneficiary. Following Bevacqua’s death, his live-in caregiver,

appellant Mercedes Sanchez, produced a will allegedly executed by Bevacqua in 2010

(2010 will), giving everything to Sanchez. Fernandez challenged the validity of the 2010

will on grounds of fraud and undue influence.

Sanchez appeals judgment entered following a bench trial, in which the trial court

found that the 2010 will was a forgery, ordered the 2010 will stricken, and reinstated

Fernandez as executor and sole beneficiary under the 2009 will. Sanchez contends

Fernandez improperly evicted her from Bevacqua’s residence in violation of Sanchez’s

constitutional due process rights. Sanchez also contends the trial court erred in finding

the 2010 will was a forgery. We conclude Sanchez has not established any error and

affirm the judgment.

II

FACTS AND PROCEDURAL BACKGROUND

Since Sanchez, who is a self-representing litigant, did…