Konstantine “Kosta Demiris Obtains Court Order Finding Lost Holographic Will Valid in Estate Litigation Involving Will Contest by Sibling

Sacramento County Superior Court Case # 34-2013-00152632-PR-PW-FRC in re: the Estate of Barbara J. Heston

Walnut Creek estate lawyer and probate litigation lawyer Konstantine “Kosta” Demiris, represented Kevin Heston the executor named in Barbara J. Heston’s 1996 holographic will (the original holographic will was lost) in petition for probate of the lost holographic will.  Kevin’s brother, Paul Heston filed an objection to the validity of the will.  Paul contended that a 2010 typewritten will was the controlling will (or in legal parlance, the controlling “testamentary instrument”). 

Following extensive discovery and depositions that strongly established the 2010 typewritten will was not valid, Paul conceded the point (he waited until three-weeks before trial to do so).  Paul stipulated to the validity of the holographic will and admitted the 2010 will was invalid, which was made an order of the Court.  On January 5, 2015, Kevin was duly appointed by order of the Court as executor of his mother’s estate under the holographic will.