Recent Articles

The Joint Tenancy Deed Trumps the Will

Theodore Hankin
November 15, 2008 01:49

So there we have it ... my client is listed on a deed with his two siblings and his mother as a joint tenants with right of survivorship (see California Civil Code §683 at http://www.leginfo.ca.gov). In such a case, the...So there we have it ... my client is listed on a deed with his two siblings ...

I Can't Be Disinherited In California, Can I?

Theodore Hankin
December 06, 2007 00:57

As I stated in my last post, my client's mother had a will when she died; in the will was a disinheritance clause that disinherited my client. In this post I will describe how those clauses are dealt with in...As I stated in my last post, my client's mother had a will when she died; in the will was...

Your Mother's California Will Disinherits You But You And Your Sisters Are Joint Tenants With Right Of Survivorship On The Deed To Your Mother's House; Who Wins?

Theodore Hankin
November 30, 2007 20:44

As I have said previously, greed is an incredible motivating factor in creating family discord; in this Orange County case, my client's mother disinherited him in her will (California Probate Code §88). However, she had also, years before, transferred her...As I have said previously, greed is an ...

A Real Estate Auction Is Held In Los Angeles County Superior Court

Theodore Hankin
November 30, 2007 18:57

Previously I told how the court determined that the single family residence owned by my client and her brother would be sold, as it could not be divided, all in accordance with California Code of Civil Procedure §872.820. How the...Previously I told how the court determined that the single family ...

You Cannot Divide A Single Family Residence; Partition By Sale Is The Remedy

Theodore Hankin
November 30, 2007 18:57

So here was the situation; my client and her brother owned their mother's residence as tenants in common (California Civil Code §686). My client's brother did not agree with the appraisal that was made of the residence and refused to...So here was the situation; my client and her brother owned ...

When Co-Tenants Are Fighting A California Court Can Order That The Property Be Sold

Theodore Hankin
November 30, 2007 18:56

In my last post, I described how my client and her brother came to own, as tenants in common (California Civil Code §686), the single family residence of their mother. My client wanted her mother's home to be sold; her...In my last post, I described how my client and her brother came to own, as ...

What To Do When Co-Owners of Real Property in California Don't Agree

Theodore Hankin
November 30, 2007 18:55

Every now and then I receive calls from clients where the resolution of their problem would at first appear to be a trip to probate court, but sometimes has a twist that takes me to the world of civil litigation....Every now and then I receive calls from clients where the resolution of their...

Resolution of Litigation in California

Theodore Hankin
November 20, 2007 18:39

As I stated in my last post, my client's half-sister disputed whether my client and the half-sister were even related; DNA tissue was found at a hospital where my client's natural father had been treated for cancer. The results from...As I stated in my last post, my client's half-sister disputed...

I Found DNA in a Hospital in California

Theodore Hankin
November 13, 2007 01:46

Recall that my client's half-sister now claims that they are not related ... and counsel and I agreed to use a DNA laboratory to determine the likelihood of relationship. Problem: the presumed natural father is dead and was cremated ......Recall that my client's half-sister now claims that they are...

DNA ... Who Has My Father's DNA? Fun in California.

Theodore Hankin
November 11, 2007 01:15

So here is my client, fighting her half-sister in Superior Court of Los Angeles County North East District, over whether she qualifies an heir of her natural father's estate under California Probate Code §6451 because she had been adopted away...So here is my client, fighting her half-sister in ...