Estate of Walters
Kenneth Walters was a dependent adult who executed a will leaving his estate to his long-time friend and care custodian, Alexander Niella. Under Probate Code section 21350,[1]a donative transfer by a dependent adult to a care custodian is invalid, unless an exception provided in section 21351 applies. Section 21351 permits such a transfer if the dependent adult obtains a certificate of independent review from an independent attorney, who must attempt[] to determine if the intended transfer is the result of undue influence, and who issues the certificate if she concludes that it was not. Walters obtained a certificate of independent review from attorney Marie Cioth, who concluded Walterss will was not the result of undue influence.
Newman contends this court should reverse the judgment, on the sole ground that Cioth (according to Newman) was not qualified to provide a certificate of independent review and failed to undertake a sufficient investigation before doing so. Court conclude there is no merit to Newmans claims. Cioths attempt to determine whether the will was the product of undue influence was reasonable under the circumstances, and therefore in compliance with statutory requirements. Moreover, a further investigation could not have uncovered more than was revealed after weeks of trial: a record totally devoid of any evidence demonstrating that undue influence was exerted. Accordingly, Court affirm the judgment.
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