The Win Win

Rich Aunt owned and operated a 6 unit apartment complex in Los Angeles. Her brother, Poor Uncle, occupied one of the two bedrooms in her unit. Rich Aunt was widowed and did not have any children. She developed a relationship with Niece who lived in Mexico. Rich Aunt asked Niece to visit and paid for the trip. During the visit, Rich Aunt hired an attorney and prepared a deed transferring her apartment complex to herself and Niece as Joint Tenants, with Rights of Survivorship. Rich Aunt died two years later. Upon her death, legal ownership of the apartment complex transferred to Niece by operation of law. Poor Uncle was upset that Rich Aunt left him nothing. He filed a petition seeking to set-aside the Joint Tenancy Deed, claiming it was procured by undue influence.

Niece contacted us from Mexico to defend her interests in the 6 unit apartment complex. After taking Poor Uncle’s deposition we realized that he lacked evidence to support his position. We also learned that his primary concern was having a place to live out the rest of his life. As a result we brokered a settlement agreement by which he agreed to withdraw his petition on the condition that he could live rent free in exchange for him managing the apartment complex.