Estate of Spears CA3

FACTS AND PROCEEDINGS

Factual Background James Spears and Julia Spears were married and parented four children: Mary Kramer, Tom Spears, Robert Spears, and Jeff Spears. Heidi Zerbe is Mary’s daughter. During their marriage, James and Julia owned three residential properties as community property: one on Vine Street in Lodi (Vine Street property); one on Olive Court in Lodi (Olive Court property); and one on Funston Avenue in Stockton (Funston Avenue property) (collectively, the properties).

Further undesignated statutory references are to the Code of Civil Procedure.

2 In July 1986, Julia and James executed joint reciprocal wills, each leaving the entirety of their assets to the surviving spouse and then to the children equally. James executed a new will in June 2010. James’ 2010 will named Mary as both executor and the beneficiary of his interest in the Vine Street and Funston Avenue properties, and it named Heidi as the beneficiary of his interest in the Olive Court property. The 2010 will expressly revoked all prior wills and disinherited Julia, Jeff, and Robert.3 James died in March 2011. Mary acknowledged that she was aware James had prepared another will, and after…