In Re the Estate of Bavilla
343 P.3d 905
Alaska2015Background
- Offenesia Bavilla died in 2010, leaving two children: Etta and Steven.
- 1987 will largely favored Etta and Steven; 2006 will revoked prior wills and cut Etta out.
- Etta sought informal probate of the 1987 will in 2012, arguing the 2006 will was invalid.
- Magistrate Judge Duggan held hearings and instructed that the 1987 will could not be admitted without addressing the 2006 will.
- Etta moved in 2013 to amend pleadings to contest the 2006 will; the court denied the amendment; on appeal the court remanded to allow amendment and affirmed the denial of recusal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the superior court should have allowed amendment to contest the 2006 will | Bavilla sought to convert informal probate to formal and contest 2006 will | Courtfound amendment futile/untimely | Abused discretion; remanded to permit amendment |
| Whether Magistrate Judge Duggan should have recused | Duggan biased; improper conduct | No bias; decisions within discretion | Not required to recuse; affirmed denial of recusal |
Key Cases Cited
- Miller v. Safeway, Inc., 102 P.3d 282 (Alaska 2004) (informal probate conversion and pleadings standards; pro se considerations)
- Breck v. Ulmer, 745 P.2d 66 (Alaska 1987) (recusal and pro se considerations in probate matters)
- Jourdan v. Nationsbanc Mortg. Corp., 42 P.3d 1072 (Alaska 2002) (bias standards; recusal analysis guidance)
- Riddell v. Edwards, 76 P.3d 847 (Alaska 2003) (equitable powers in probate matters when statutory provisions silent)
- Miller v. Safeway, Inc., 102 P.3d 282 (Alaska 2004) (informal probate conversion and pleadings standards; pro se considerations)