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Wills, Trusts & Estates Keyed to Sterk
Gonsalves v. Superior Court
Citation:
19 Cal.App.4th 1366 (1993)Facts
Dolores F. Picardo filed a lawsuit challenging the validity of her aunt Dorothy Dvorak’s 1991 will, arguing that Dvorak lacked testamentary capacity. The will left Dvorak’s estate to Colleen Ganaye, and Picardo was disinherited. The petitioners, attorney Gonsalves and her partners, presented evidence that Dvorak was mentally competent when the will was executed. Gonsalves testified that Dvorak was alert, coherent, and clear about her wishes during their meeting. Medical records and declarations from Dr. Smith and other hospital staff confirmed Dvorak was mentally competent during her treatment, with no signs of mental incapacity on the day the will was signed. Gonsalves also submitted a videotape showing Dvorak affirming her intentions to disinherit Picardo. On the other hand, Picardo’s side presented testimony from her family and Dr. Berke, who argued that Dvorak was confused, had a history of hallucinations, and could have been influenced unduly. Despite this, the petitioners contended that Dvorak had the capacity to execute the will and made clear decisions about her estate.
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6m 20s