Underwood

This case involves the disposition of approximately $2 million from the estate of James Donald Gardner, Jr. (decedent). Appellant contends that the money should go to her and to her daughter, decedent’s mother and sister, respectively, because that was decedent’s intent, although he failed to complete the necessary paperwork before he died. Respondents, decedent’s ex-wives and children, contend that the money should go to decedent’s children. On appeal, appellant contends that the probate court erred in sustaining respondents’ demurrer without leave to amend. For the following reasons, we reverse.

*546 FACTUAL AND PROCEDURAL HISTORIES

On January 23, 2009, appellant Adria E. Underwood filed a first amended petition for an order determining ownership of property under Probate Code section 850 1 or alternatively for an order to determine the existence of an oral trust under section 5302. In the petition, she alleged that she is the mother of decedent, who died intestate on October 11, 2006. She listed those persons with possible interests in decedent’s estate as herself, Valda Pollard (decedent’s sister), Carmia Eldridge (decedent’s sister), Danielle Ricchiuti (decedent’s…