CALIFORNIA FAMILY LAW
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Community Property Issues
......Wills & Trusts
8 Cards On This Topic:
Statement in will inadmissible in dissolution as to character of property.
Community property transferred to revocable trust remains community, unless trust provides to contrary.
As H made "express declaration" in writing of his unambiguous intention to transmute all of his s/p as of date he executed agreement, trial court erred in finding agreement ambiguous.
Trust transmutation agreement effected a transmutation of s/p to c/p, notwithstanding language that purported to qualify, limit or condition the transfer.
Trust agreement providing property transferred to trust was c/p unless transferor identified it as s/p was insufficient to create a transmutation of H's s/p to c/p.
May not use statements in will as evidence of party's intent re character of property.
Children of deceased F cannot compel production of stepmother's will to show agreement to transmute joint tenancy assets to C/P.
Wills & Trusts discussed.