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Tentative Ruling: Estate of Terrence Thomas Gallagher

Case Number

25PR00310

Case Type

Decedent's Estate

Hearing Date / Time

Tue, 03/24/2026 - 09:00

Nature of Proceedings

Petitions for Probate of Will and Letters Testamentary

Tentative Ruling

Probate Notes:

Appearances required.

On June 10, 2025, Isabel Espinoza filed a Petition for Probate of Will and Letters Testamentary. At the first hearing on that petition, the Court continued the matter due to objections.

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”)

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 the current hearing date.

While 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), it is noteworthy that no competing objection for appointment of Administrator is on file, making the only operative pleading in this case Isabel Espinoza’s June 2025 Petition for Probate of Will and Letters Testamentary.

Parties must come prepared to set the matter for evidentiary hearing.

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

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