Estate of Cohen
Filed 6/7/06 Estate of Cohen CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| Estate of BETTY COHEN, Deceased. | B186389 |
| DAVID COHEN, Petitioner and Respondent, v. EMILE ASSOR, as Executor, etc., Objector and Appellant. | (Los Angeles County Super. Ct. No. LP008524) |
APPEAL from an order of the Superior Court of Los Angeles County. Richard G. Kolostian, Judge. Reversed.
Dion-Kindem & Crockett and Peter R. Dion-Kindem for Objector and Appellant.
Howard Bartnof and Edward M. Bialack for Petitioner and Respondent.
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Emile Assor (Assor), the executor of the estate of Betty Cohen (Betty), challenges the trial court's order granting David Cohen's (David)[1] petition to convey real property claimed to belong to another person, pursuant to Probate Code section 850. We conclude that a stipulation executed by Betty and David during their divorce proceedings constitutes a severance of their joint tenancy title to certain property, thereby terminating David's right of survivorship. Consequently, Betty's 50 percent interest in the property belongs to her estate, not to David. Accordingly, we reverse.
FACTUAL AND PROCEDURAL BACKGROUND
David and Betty were married. During their marriage, they purchased a single family residence located at 4022 Old Topanga Canyon Road in Calabasas, California (the property), taking title as follows: â€
