Estate of Delauter CA1/5

BACKGROUND

Decedent Carole L. Delauter1 died on December 13, 2016. In June 2019, her surviving husband, respondent Thomas Delauter (Husband), filed a petition to probate Carole’s will dated December 10, 2016 (First Will). In the

1 To avoid confusion, we refer to the decedent by her first name. No disrespect is intended.

1 First Will, Carole left “all my worldly possessions to my Husband & my youngest son,” and named Husband as the executor. Husband also filed a spousal property petition, seeking a community property interest in certain real property (the Property). In October 2019, Son, who is Carole’s youngest son from a prior marriage, filed a will contest on the ground that Carole executed a subsequent will on December 12, 2016 (Second Will), which left all her possessions to Son and named him executor.2 In December, Son filed an opposition to Husband’s spousal property petition, arguing the Property was Carole’s separate property, titled solely in her name and purchased before her marriage to Husband. Over multiple days in January and February of 2021, the trial court held a consolidated trial on Son’s will contest and Husband’s…