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California Community Property Keyed to Carrillo, 11th Ed.
Estate of Ben-Ali
Citation:
216 Cal.App.4th 1026, 157 Cal. Rptr. 3d 353 (2013)Facts
Taruk Joseph Ben-Ali died in June 2004 at age 34, but his death was concealed by his father Hassan Ben-Ali, who hid the body in an apartment building that Taruk nominally owned. Hassan continued to manage the property and forge Taruk’s signature on various documents for over four years. After Hassan’s suicide in December 2008, police discovered Taruk’s body and found a purported will dated August 16, 2002, two weeks after Taruk married Wilburn. The typewritten will left all personal property to Taruk’s unnamed “wife” and all other assets, including the valuable Ashby Avenue apartment building, to Hassan. The will bore three signatures: Taruk’s, one identified as “Wendy Ben-Ali” at the Ashby address, and a second witness whose signature and identity were completely illegible. Wilburn denied signing or witnessing the will, though she acknowledged the “Wendy” portion resembled her handwriting. She testified she never lived at the Ashby building and rarely used the surname Ben-Ali. No original or copy of the will was found among Taruk’s belongings, and no one testified to knowledge of the will’s preparation or Taruk’s testamentary intentions.
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