Joseph Herb O’Brian died minutes after allegedly dictating a new will to a friend’s attorney and signing with an “X”. The new will left everything except $10,000 to that friend, Kenneth Pawlowski. The validity of the will has been argued in court for the last three years. O’Brian’s stepson, who was left the remaining $10,000, and O’Brian’s brother claim that O’Brian lacked capacity to execute the death bed will and are alleging fraud. A decision in this long disputed case is expected within the next three months.
See Andy Furillo, Final Wishes of a ‘Good Man’ or Deathbed Fraud? Judge to Rule in Probate Case, The Sacramento Bee, July 13, 2014.
Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.
