Estate of Terrence Thomas Gallagher

Case Number

25PR00310

Case Type

Hearing Date / Time

Tue, 10/07/2025 - 09:00

Nature of Proceedings

Petition to Probate Will and Letters Testamentary and Will Contest

Tentative Ruling

Probate Notes:

Appearances required.

On June 10, 2025, Isabel Espinoza filed a Petition for Probate of Will and Letters Testamentary.

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 §8000, §8004(b), §8250 et seq., §8402, §8502(b) and (d), and §17200(a) and (b).  That petition contained what appears to be the following causes/requests:

1. A will contest (“PETITION TO CONTEST POUR-OVER WILL AND GROUNDS OF OPPOSITION TO PROBATE OF PURPORTED WILL).
2. Internal Affairs of a Trust (“PETITION TO CONTEST THE JT LIVING TRUST INSTRUMENT AND GROUNDS THEREOF”)
3. Objection to Petition for Probate filed by Espinoza (OBJECTION TO APPOINT ISABEL ESPINOZA AS EXECUTOR OF THE ESTATE OF TERRENCE THOMAS GALLAGHER”)
4. Continuance (“REQUEST FOR CONTINUANCE TO ALLOW DISCOVERY”)
5. Request for Trial (“REQUEST FOR TRIAL”)

Mr. Barnett’s 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.)

However, at least part of Mr. Barnett’s pleading outlined above is improper in this case, because the Petition for Internal Affairs attacks a trust that has not been properly brought under court supervision.  Thus, that matter should be denied outright, or stricken from the pleading pursuant to CCP section 437(b).

It is recommended the Court order all written objections to all filed pleadings that are not on file before the hearing are waived pursuant to CRC, Rule 7.801, and set this matter for trial.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334