Vulovic

Eighty-seven-year-old Helen L. Odian died in January 2003, leaving her entire estate to appellant Catharina Vulovic, who *155 had been her paid live-in companion for approximately two years before Ms. Odian moved into a nursing home. The trial court found that Ms. Vulovic (hereafter sometimes appellant) exercised undue influence to make herself the sole beneficiary of Ms. Odian’s trusts, wills and annuities, and that Ms. Odian lacked legal capacity when she executed the trusts and the annuity contracts. The court also found that appellant was a care custodian within the meaning of Probate Code section 21350, and as such, was disqualified as a beneficiary of Ms. Odian’s testamentary instruments.

In the published portion of this opinion, we address appellant’s contention that she was not a care custodian within the meaning of Probate Code section 21350. We conclude that the undisputed evidence demonstrates that appellant was a care custodian. Because she failed to rebut the presumption of undue influence which arises from that fact, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Helen Odian and her older sister, Ruth, lived together their entire adult lives.…