Estate of Gonzales CA2/3

INTRODUCTION

Judith Sanchez appeals the trial court’s judgment admitting her brother’s 2009 lost will to probate, and the trial court’s findings regarding the effectiveness of her brother’s transfer of several real properties to her and her daughter. Sanchez asserts that substantial evidence does not support the court’s admission of the 2009 will, and that the court violated her due process rights by deciding that her brother never effectuated transfer of the properties to her and her daughter. Virginia Murguia cross-appeals, similarly arguing that the court improperly issued findings regarding her brother’s estate’s interest in property titled in her and her daughter’s names, in violation of her due process rights. We affirm the court’s judgment admitting the 2009 lost will to probate as it is supported by substantial evidence. We reverse the court’s findings as to the real property because the parties lacked a meaningful opportunity to be heard on those matters and such findings violated their due process rights.

FACTS AND PROCEDURAL BACKGROUND

Decedent Anthony Gonzales passed away in 2009, leaving behind a large estate and predeceasing his sisters Judith Sanchez, Alma…