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The third category of circumstances cited by the estate
pertains to alleged evidence that Mr. Greene “benefited
substantially” from the eConnect transactions. Included in this
category are the joint purchase and rent-free occupation of the
Simi Valley home, as well as Mr. Greene’s receipt of: (i)
$30,000 for his business; (ii) a Nissan Xterra; and (iii) $10,000
for later relocation from the Simi Valley home. Again, however,
much of this claimed evidence is testimonial and suffers from the
same shortcomings just discussed.
Mr. Greene’s statements concerning his role in the
negotiations on the house and the acquisition of the Xterra are
particularly nebulous and fraught with inconsistencies, and his
eventual execution of a quitclaim deed for the house undercuts
any understanding between those involved of a true and intended
ownership interest. Regardless, the salient feature is that all
of these transactions occurred after decedent transferred the
eConnect proceeds out of the Valdes & Moreno account into other
accounts of her own. At most the benefits portray an intent to
share her wealth by giving specific, limited gifts to her son at
times subsequent to the eConnect windfall. They do not reflect a
scenario where ownership of half the wealth by Mr. Greene was a
fait accompli because she had previously given him the underlying
stock before it was sold.
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