Estate of Helen Brown
Published: Nov. 26, 2002 | Result Date: Dec. 10, 2001 | Filing Date: Jan. 1, 1900 |Case number: BP064263 Bench Decision – $175,000
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Elliot S. Blut
(Blut Law Group APC)
Defendant
Larry D. Lewellyn
(Law Office of Larry D. Lewellyn)
Experts
Plaintiff
Anne W. Silver
(technical)
Facts
On Jan. 10, 2000, the decedent, Helen Brown, executed a pour over will and revocable trust. After the will and
trust were executed, the decedent was presented with quit claim deeds to effectuate the transfer of five separate
properties to the trust. Due to circumstances relating to fees associated with the quit claim deeds, Helen Brown
only recorded two of the quit claim deeds, leaving title to the other three properties as they were prior to
executing the trust. Helen Brown had 12 children, all of whom were to receive some portion of her estate.
The first matter tried in this case was a will contest. One of the decedentÆs sons, Lloyd Brown, instituted a will
contest asserting that the signature on the Will and Trust were not that of the decedent and that the decedent
signed the will and trust under undue influence exerted by one of her other sons, Barney Brown.
The other matter tried in the case was a petition under Probate Code Section 17200
seeking an Order compelling Lloyd Brown to convey title to real property located on Manhattan
Place, (the Manhattan property) to the Trust of Helen Brown. The Manhattan Property was held
in joint tenancy by Helen Brown and Lloyd Brown. The Trust of Helen Brown specifically left the
Manhattan Property to Barney Brown. Helen Brown and Lloyd Brown signed an undated,
unrecorded quit claim deed which was to transfer title to the Manhattan Property from joint
tenancy into the Trust of Helen Brown.
Settlement Discussions
The petitioner offered to pay for the Manhattan Property and a separate property at a mediation, but the respondent refused to sign the settlement agreement. Subsequently, the petitioner agreed to attend a mediation but the respondent refused to attend.
Other Information
The will was admitted to probate. Lloyd Brown was ordered to convey title to real property valued at $175,000 to the Trust of Helen Brown. The respondent filed a motion for reconsideration which was withdrawn prior to the hearing. The respondent filed a Notice of Appeal. The appeal was dismissed on Sept. 11, 2002 and the motion for reinstatement was denied on Oct. 3, 2002.
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