Barlow

John M. Barlow, as executor of the will of decedent, Thomas Kaye Coleman, appeals from a judgment dismissing his petition to admit an unsigned copy of the decedent’s will to probate.

Decedent’s will, executed coincident with the execution of the Thomas Kaye Coleman and Jean Marilyn Coleman Declaration of Trust (Trust), as shown in the copy, gave all of his property to the Trust. Subsequent to the execution of the will and Trust, decedent and his wife, Jean Coleman, divorced and divided the property held by the Trust pursuant to a court order approving a marital settlement agreement.

Two of decedent’s daughters, contestants Jennifer Howard and Kimberly Coleman, filed a summary judgment motion contesting the probate of the will. The motion was based on the sole ground the will made a disposition of property to a former spouse in contravention of Probate Code section 6122, which revokes the testamentary dispositions to a former spouse when the testator’s marriage is subsequently dissolved or annulled. 1

Barlow’s opposition to the motion was not timely, and the trial court did not consider the opposition papers in rendering its decision. The trial court found no triable…