Estate of Dayan

The testator, Margor Rachael Dayan, the mother of plaintiff and defendant, had an interest in commercial real property located in North Hollywood. Her will conveyed all her rights, title, and interests in the property to plaintiff’s trust. Plaintiff filed a petition for an order to establish that Ms. Dayan’s estate had title to the property in its entirety. Defendant opposed the Probate Code section 850, subdivision (a)(2) petition. The probate court ruled defendant owned a one-third interest in the property and denied plaintiff’s judgment on the pleadings motion. The court concluded that the probate court did not err by denying plaintiff's petition where substantial evidence supports the probate court's findings. In this case, the probate court found Ms. Dayan intended to convey a one-third interest in the property to defendant. The court also concluded that the probate court correctly denied plaintiff’s judgment on the pleadings motion. View "Estate of Dayan" on Justia Law