- 12 - At trial, Yang stated that her understanding was that the ownership of the property was such that "each one gets half." Upon divorce, "each one gets a half." If Yang predeceased decedent, then "he will become the executrix[or] or I could will to him or to the children." In regard to managing the Oak Tree Inn, Yang and decedent would hire a manager. The Youngs were informed by real estate brokers that title should be taken as joint tenancy in order to avoid probate. However, at trial, Yang testified that she believed she relied on the broker's advice, but in regard to the Bixby Knolls Hotel, Yang could not remember whether the real estate broker told the Youngs to hold title in joint tenancy. Yang testified that they did not consult an attorney regarding title to the Young Property. In regard to title, she "[figured] it's -- belong to both of us." Petitioner asserts that Yang's testimony at trial is consistent with her written statements regarding the mutual understanding and further asserts that no contrary evidence was presented by respondent. First, we note it is petitioner's burden to show that the Young Property was held other than as stated in the deed. We are presented with Yang's statement that "each one gets half." Petitioner did not present any other testimony to support Yang's statements. In evaluating her statements which were translated, we understand the languagePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011