Estate of RAYMOND H. LUKE, Deceased. CYNTHIA MAGGIO, Petitioner and Appellant, v. VERA LaVAUN VAHLDIECK, as Acting Administrator, etc., Claimant and Appellant
194 Cal. App. 3d 1006 · B020251
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that for purposes of intestate succession under former Probate Code section 229, the character of property is determined by its source—not the form of title under which it was held—and that the presumption that property acquired during marriage is community property applies to overcome the form-of-title presumption when tracing assets for heirship determinations after the death of the surviving spouse.
Statutes construed
- CIV § 5110
- EVID § 1261
- EVID § 600
- EVID § 605
Cited by (2)
- Conservatorship of the Person and Estate of LESTER MOORE. ANGELIQUE FRIEND, as Conservator and Trustee, etc., Petitioner and Respondent, v. WILLIAM SALZWEDEL, Objector and Appellant (2015) 240 Cal. App. 4th 1101
- In re the Marriage of CLIFFORD G. and CONSTANCE J. ALLEN. CLIFFORD G. ALLEN, Appellant, v. TAMI L. GRAHAM, as Executrix, etc., Respondent (1992) 8 Cal. App. 4th 1225
Authorities cited (4)
- Estate of JESSIE McGEE, Deceased. ANNA BRENNAN et al., Appellants, v. MARY E. SEELIG, as Administratrix, et al., Respondents 168 Cal.App.2d 670
- Estate of PHILLIP LEVINE, Deceased. MURRAY S. LEVINE, Petitioner and Appellant, v. ESTELLE LEVINE, Objector and Respondent 125 Cal.App.3d 701
- Estate of RUTH M. CLINE, Deceased. CLIFFORD H. CLINE, Claimant and Respondent, v. LaVERNE SCHOONOVER et al., Claimants and Appellants 214 Cal.App.2d 152
- Estate of HERBERT R. MACMILLAN, Deceased. R. S. MACMILLAN et al., Appellants, v. ALICE M. DOCKWEILER et al., Respondents 43 Cal.2d 437