Estate of Gabriel Merola

On August 25, 2025, Tedd Barnett filed a very confusingly titled petition that appears to be challenging the purported estate plan submitted by Ms. Espinoza, pursuant to Probate Code sections Sec.8000, Sec.8004(b), Sec.8250 et seq., Sec.8402, Sec.8502(b) and (d), and Sec.17200(a) and (b).

That petition contained what appears to be the following causes/requests: A will contest ("PETITION TO CONTEST POUR-OVER WILL AND GROUNDS OF OPPOSITION TO PROBATE OF PURPORTED WILL). Internal Affairs of a Trust (" PETITION TO CONTEST THE JT LIVING TRUST INSTRUMENT AND GROUNDS THEREOF") Objection to Petition for Probate filed by Espinoza (OBJECTION TO APPOINT ISABEL ESPINOZA AS EXECUTOR OF THE ESTATE OF TERRENCE THOMAS GALLAGHER") Continuance ("REQUEST FOR CONTINUANCE TO ALLOW DISCOVERY") Request for Trial ("REQUEST FOR TRIAL")

At the second hearing on Isabel Espinoza's June 2025 petition, the Court again continued the matter to allow objections to be filed, warning that failure to file written objections would be waived. Isabel Espinoza filed a written objection on November 7, 2025. On November 18, 2025, the Court struck the Internal Affairs grounds in Mr. Barnett's objection, and continued all remaining matters to March 24, 2026. At that hearing, the Court denied a request to consolidate this case with case nos. 24PR00709 and 26PR00080, and continued all three matters to June 28, 2026.

Mr. Barnett's August 2025 objection placed Ms. Espinoza's Petition for Probate at issue, requiring evidentiary hearing to resolve (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377), but Mr. Vanderkellen filed a competing petition for appointment of Special Administrator on May 6, 2026. Parties must come prepared to discuss whether Mr. Vanderkellen should be granted this status, with general powers.

Tentative Ruling: Estate of Gabriel Merola Tentative Ruling: Estate of Gabriel Merola Case Number

Case Type Decedent's Estate Hearing Date / Time Tue, 08/18/2026 - 09:00 Nature of Proceedings Petition to Probate Will and Letters of Administration Tentative Ruling Probate Notes: Appearances required.

Proof of Service of Notice of Hearing. Notice of at least 15 days is required to the personal representative who is not the Petitioner, the buyer, any party requesting special notice, and all beneficiaries. (Prob. Code, Sec.Sec.1220(a)(2)(B), 10308(c), and 11601.) Proofs of Service must be filed.