Legal Question in Wills and Trusts in California

Would a sane Probate Judge take a case like this?

Mom died and left a holographic will dated 1992. It mentions two siblings splitting the stocks. In 1995 and 1997 mom transferred the stock certificates (total of three) in to joint tenancy with daughter. Son, during the course of Probate, wants to pursue ''his half'' of the stocks. Mom died early this year of a massive heart attack, no dementia, alzheimers, etc., on her part. If son's attorney goes along with it, will a judge have to decide whether or not it has merit as in other court cases? Or, does the judge just hear the case and decide no matter what? What sane judge would try a case like that? It is a no-brainer.


Asked on 10/30/02, 12:21 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Would a sane Probate Judge take a case like this?

Judges cannot make decisions other than through hearing the facts. They depend on the arguments and past case history to determine the correct decision under the law. Everyone is entitled to their day in court, if they want to spend the money on it. I am sure that you would want your argument heard, even if it was a long shot that you would be successful.

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Answered on 10/30/02, 1:20 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Would a sane Probate Judge take a case like this?

The son is entitled to try his case, despite any long odds, which are certainly present in joint tenancy cases. However, there is some law disallowing joint tenancy transfers in cases where it's clear other results were intended, so consult with a lawyer to see whether his case has any merit.

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Answered on 10/30/02, 1:34 pm


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