Golde

Golde v. Wilburn

Bad Law
157 Cal. Rptr. 3d 353·216 Cal. App. 4th 1026
Court of Appeal of CaliforniaMay 29, 2013No. A132979California4,885 words

Opinion

Lead Opinion

Margulies, J.

The intestate heirs of decedent Taruk Joseph Ben-Ali appeal from a judgment admitting the decedent’s will to probate. Appellants contend there was insufficient evidence of due execution under Probate Code 1 section 6110. We agree, and reverse the judgment.

*1029 I. BACKGROUND

A. The Parties

Taruk, bom in 1968, was the only biological child of Hassan Ben-Ali and Ann Jackson. Hassan and Jackson were married in 1973 and divorced in 1974, but maintained a relationship over the next 34 years. Hassan also had a son from a different relationship, D’Artagnan Lloyd, with whom Hassan had little contact before 2006. According to Hassan’s attorney, respondent Ivan W. Golde, Hassan was a very shrewd and savvy real estate investor who had owned a lot of properties over the years and had also gone through financial problems, including tax problems. One of Hassan’s properties was an apartment building at 2235 Ashby Avenue in Berkeley (hereafter Ashby property or Ashby building), which Hassan had transferred to Taruk in approximately 1993, perhaps to avoid losing the property to the IRS.

In 1995, Jackson moved into an apartment in the Ashby building. Hassan lived in the building on…

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