Petition for Conservatorship of the Person
For a hybrid will to qualify as a valid holographic will, the handwritten portions must independently express the testator's dispositive intent. If the handwritten entries are merely names, dates, or property descriptions that have no testamentary meaning without the printed language, courts must find the printed matter was incorporated, and deny admission of the will to probate. (Estate of Phifer (1984) 152 Cal.App.3d 813, 817 ["so long as the printed words were "not relevant to [the holograph's] substance or essential to its validity as a will or codicil."]; Estate of Sola (1990) 225 Cal.App.3d 241, 247 ["Where the handwriting in itself lacks testamentary intent and substance and has meaning only in relationship to the typewritten words it relates to, there is no complete testamentary document that can be deemed a holographic will."].)
However, if the handwritten portions contain complete dispositive provisions that can stand on their own, with printed matter serving only as procedural or organizational framework, the will may be admissible. (Estate of Black (1982) 30 Cal.3d 880, 885.)
Because the will submitted in this case not only contains handwritten portions that are wholly reliant on the typewritten text, but also internally create confusion, the October 13th document should be found not to constitute a will. Because the accompanying handwritten documents were not dated by the Decedent, those documents should also be found not to constitute a will. As a result of those two findings, the Court should deny admission of those documents to Probate, and order that the Decedent died intestate.
Appointment of Richard J. Jennette as Administrator Decedent appears to have died leaving two heirs: William Kotaska and Paul C. Gruber. Both persons have declined to serve as administrator, nominated Mr. Jennette as Administrator of the estate, and waived bond. It is recommended the Court appoint Mr. Jennette as administrator, and waive bond.
Tentative Ruling: Conservatorship of Rodrigo Madrigal Ruvalcaba Tentative Ruling: Conservatorship of Rodrigo Madrigal Ruvalcaba Case Number
Case Type Conservatorship Hearing Date / Time Wed, 07/01/2026 - 09:30 Nature of Proceedings Petition for Conservatorship of the Person Tentative Ruling Appearances required.
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The following must be submitted: Proof of Service on Relatives of Proposed Conservatee. At least 15 days before the hearing on the petition for appointment of a conservator, notice of the time and place of the hearing shall be given by timely mailing service of the notice and copy of the petition to the (1) spouse, if any, or registered domestic partner, if any, of the proposed conservatee, and (2) relatives named in the petition at their addresses stated in the petition. (Prob. Code, Sec.1822.)
Confidential Declaration on Medical Ability to Attend Hearing (GC-325) - As of January 1, 2025, the ability of the proposed conservatee to attend the hearing will be determined on evidence submitted on Judicial Counsel form GC-325. This form was adopted for mandatory use as of January 1, 2025. This form must be filed, or the proposed conservatee will be expected to attend the hearing.
Capacity Declaration (GC-335) - No order adjudging that conservatee lacks capacity to give informed consent to medical treatment may be granted unless supported by a declaration executed by a licensed physician or licensed psychologist supporting the request. (Prob. Code, Sec. 1890(c).)
The proposed conservatee is expected to attend the hearing, unless a Confidential Declaration on Medical Ability to Attend Hearing (GC-325) is filed and shows an medical inability to attend. (Prob. Code, Sec. 1825.) (Prob. Code, Sec. 1825(a)(2)[medical inability].)