Estate of Carreira CA3

Filed 12/31/25 Estate of Carreira CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Siskiyou) ----

Estate of DIANE CARREIRA, Deceased. C101040

(Super. Ct. No. SCCV-CVPB-2022-973) SHARON LILINOE-DAVIS,

Petitioner and Respondent,

v.

EMILY MENDOZA,

Objector and Appellant.

After decedent Diane Carreira died on August 26, 2022, appellant Emily Mendoza petitioned to admit to probate a document entitled “Power of Attorney and Last Will and Testament of Diane Carreira,” dated August 23, 2022. The probate court determined that the will was not valid because Carreira had not signed it. The court found in the alternative that, even if Carreira had properly executed the document, it was still invalid under the conclusive presumption of fraud or undue influence that applies when the drafter of a will is also a beneficiary. On appeal, Mendoza argues that there was

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insufficient evidence to conclude that Carreira did not sign the will. Mendoza additionally contends that Carreira had testamentary capacity, understood the nature and extent of her property, and wanted Mendoza and her family to have it. We conclude substantial evidence supports the trial court’s finding that Carreira did not sign the will and therefore affirm. BACKGROUND Carreira died on August 26, 2022. In September 2022, respondent Sharon Lilinoe- Davis, Carreira’s sister, filed a Petition for Letters of Special Administration as to Carreira’s estate. Mendoza objected and filed her own petition. The probate court appointed Lilinoe-Davis and Mendoza as co-special administrators. Mendoza then filed a Petition for Probate of Will and for Letters of Administration and attached a will that she claimed was signed by Carreira. Lilinoe-Davis objected to the will and filed her own Petition for Letters of Administration. The probate court held a three-day trial in January and February 2024. Mendoza testified at trial that Carreira owned two pieces of property in Siskiyou County. In 2020, when Carreira was 70 years old, Mendoza and Mendoza’s three teenage children moved into an apartment attached to Carreira’s home. Mendoza and Carreira helped care for a friend of Carreira’s who lived in and co-owned Carreira’s other property. Eventually the friend moved in with Carreira, and Mendoza and her children moved into the other property. In 2020, Carreira sold a van and a truck to Mendoza and her son. Shortly before her death in 2022, Carreira signed the title to her car over to Mendoza’s son. Carreira also made Mendoza the beneficiary of her life insurance policy and told her that she wanted her properties to go to Mendoza and Mendoza’s children. In the summer of 2022, Carreira, her friend, Mendoza, and Mendoza’s children became ill with COVID-19. Mendoza assisted Carreira with household tasks such as cooking and shopping, although Mendoza did not take Carreira to the doctor or make any medical appointments for her. After Carreira’s friend passed away, Mendoza asked