Jeffrey Galvin of Downey Brand LLP, has made available for download his article, “Jeffrey Galvin: California Court Reconciles Ownership Presumptions in Probate Disputes,” published on JDSUPRA. The abstract begins as follows:
When Dad bought a house solely in his name, can Stepmother claim a community property interest after Dad has died? Perhaps yes. The answer lies at tricky intersections of California probate law and family law. While family law governs spouses during their lifetimes and upon divorce, the death of one spouse complicates the picture.
In Estate of Wall (2021) ___ Cal.App.5th ___, the Third District Court of Appeal in Sacramento ruled that the form of title presumption prevailed over the community property presumption, and yet the surviving spouse still prevailed on a theory of spousal undue influence.
Posted by Anthony Tran, Associate Editor, Wealth Strategies Journal
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