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Estate of Ben-Ali

California Court of Appeals, First District, First Division

May 29, 2013

Estate of TARUK JOSEPH BEN-ALI, Deceased. IVAN W. GOLDE, Petitioner and Respondent,
v.
WENDELYN EYVONNE WILBURN et al., Contestants and Appellants.

Filed 6/24/13 (unmodified opn. attached)

Alameda County Superior Court HP09432597 Hon. Marshall Ivan Whitley Trial Judge.

Goins & Associates, Vernon C. Goins and Yasmin Gilani for Contestant and Appellant Wendelyn Eyvonne Wilburn.

Law Offices of Edward J. Simone and Edward J. Simon for Contestant and Appellant Brittany Desmond.

Feldman Law Group and Aaron R. Feldman for Petitioner and Respondent.

THE COURT:

It is ordered that the opinion filed herein on May 29, 2013, be modified as follows:

1. On page 2, in the first full paragraph, delete the existing second sentence in the paragraph and replace it with the following sentence:

Hassan lived in the building on and off during that time period and, according to Jackson, continued to handle all aspects of managing the property despite title being in their son’s name.

There is no change in the judgment.

Respondent’s petition for rehearing is denied.

Margulies, Acting P.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.

I. BACKGROUND

A. The Parties

Taruk, born 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 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 ...


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