Estate of Eskra

Filed 5/3/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

Estate of SCOTT ESKRA, Deceased.

BRANDY L. ESKRA,

Petitioner and Appellant,

A162671

v. CATHERINE GRACE et al., (Humboldt County Super. Ct. No. PR180086) Objectors and Respondents.

Brandy L. Eskra (Brandy) filed a probate petition seeking to be appointed the personal representative of her late husband’s estate. The trial court denied her petition based on a premarital agreement (Agreement) that waived Brandy’s interests in her husband’s separate property, and the court appointed his parents (respondents) co-administrators of the estate. In a prior appeal this court held Brandy was entitled to introduce extrinsic evidence in support of her argument that she and her late husband mistakenly believed the Agreement would apply only in the event of divorce, rather than upon death. On remand, the trial court found that the mistake was a unilateral mistake on Brandy’s part and that she was not entitled to rescission. Brandy again appealed. We affirm. Because Brandy failed to read the Agreement and to meet with her attorney to discuss…