Estate of Hessler CA3

BACKGROUND

Shawna has elected to proceed solely on a clerk’s transcript. (Cal. Rules of Court, rule 8.121.) Thus, this is a judgment roll appeal. (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082–1083.) In the absence of a reporter’s transcript or settled statement, we draw the facts from the trial court’s findings after hearing. John filed for Chapter 13 bankruptcy in 2010. On July 27, 2011, he was hospitalized after suffering a major stroke. In the hospital, John signed a will, a quitclaim deed, and a revocable trust on August 30, 2011. John died in the hospital on September 2, 2011, before his bankruptcy was discharged. The parties stipulated John had testamentary capacity to execute the will. However, the parties contested whether John lacked capacity to form the intent to transfer the 22.5 acres of real property to his sister as trustee for John’s revocable trust. On this issue, the court “heard testimony from several witnesses regarding the circumstances” of John’s execution of his will, quitclaim deed, and revocable trust. In pertinent part, the trial court found: “It is uncontroverted [that John] suffered a debilitating stroke [on] July 27, 2011 and that he remained…