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Reeves v. Webb

The probate court erred in dismissing a petition to probate a will in solemn form after finding that the propounder failed to make out a prima facie case to admit the will to probate in that he failed to introduce the subscribing witness to the will for examination at the hearing, since the will had an attached executed self-proving affidavit.

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This is a will contest in which the propounder and the beneficiaries are appealing an order of the probate court dismissing the petition to probate the will in solemn form and a subsequent order denying their motion for new trial, or in the alternative, motion to set aside judgment and enter judgment admitting the will to probate. For the reasons which follow, we reverse and remand.

Joseph Thomas Schmidt “Schmidt” executed the will at issue “Will” on July 20, 2010. Schmidt was a disabled Marine Corps veteran who suffered from paranoid schizophrenia with delusions since the early 1970′s; he also had vision and hearing difficulties. He was treated as a disabled veteran and received disability benefits from the Veterans Administration “VA” until his death on October 5, 2013. He was appointed a VA guardian and conservator in 1974. Dale L. Groenenboom “Groenenboom” was appointed as successor guardian of Schmidt’s person and property in 1976, and served in such capacity until Schmidt’s death. In 1997, Schmidt entered into the personal care home owned and operated by Charles H. Reeves. Jr. and his wife, Jerry J. Reeves “Reeveses”, and he resided there the remainder of his life. The Reeveses were compensated monthly for their services. Groenenboom was selected to be Schmidt’s guardian by the VA, and controlled Schmidt’s funds, including his VA disability payments and his Social Security benefits, and he made the payments to the Reeveses for Schmidt’s custodial care and monthly spending allowance. The Will named Groenenboom as executor and the Reeveses and Groenenboom as the beneficiaries.1 In the Will, Judith Webb “Webb”, Schmidt’s twin sister2 and sole named heir at law, was expressly excluded from inheriting from Schmidt’s estate.3

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