Estate of NANCY BLAIR, Deceased. ELIZABETH KOMARA, as Executrix, Etc., Petitioner and Respondent, v. RAY T. BLAIR, JR., Objector and Appellant
199 Cal. App. 3d 161 · D005941
California Court of Appeal, Fourth Appellate District · Filed
Published · citable
Cited by 8
Holding
The court held that the probate court possessed jurisdiction under Probate Code section 851.5 to adjudicate a claim to the proceeds from the sale of a joint tenancy property, even after its conveyance to a bona fide purchaser. However, it reversed the order requiring the surviving spouse to pay half the proceeds to the estate, finding the trial court applied erroneous legal standards in determining that a transmutation from joint tenancy to community property had occurred.
Statutes construed
- CIV § 4800.1
- CIV § 5110.730
- PROB § 851.5
Cited by (8)
- Estate of GUISEPPE CASTIGLIONI, Deceased. ANNIE J. CASTIGLIONI, Petitioner and Respondent, v. ELIZABETH DEL POZO, as Special Administrator, etc., Objector and Appellant (1995) 40 Cal. App. 4th 367
- Estate of GUISEPPE CASTIGLIONI, Deceased. ANNIE J. CASTIGLIONI, Petitioner and Respondent, v. ELIZABETH DEL POZO, as Special Administrator, etc., Objector and Appellant (1995) 40 Cal. App. 4th 367
- Estate of ANGELINA LAYTON, Deceased. LINDA PULLIAM, as Executor, etc., Petitioner and Respondent, v. JAMES L. LAYTON, Objector and Appellant; Estate of ROY LAYTON, Deceased. JAMES L. LAYTON, as Executor, etc., Petitioner and Appellant, v. LINDA PULLIAM, Objector and Respondent (1996) 44 Cal. App. 4th 1337
- Estate of ANGELINA LAYTON, Deceased. LINDA PULLIAM, as Executor, etc., Petitioner and Respondent, v. JAMES L. LAYTON, Objector and Appellant; Estate of ROY LAYTON, Deceased. JAMES L. LAYTON, as Executor, etc., Petitioner and Appellant, v. LINDA PULLIAM, Objector and Respondent (1996) 44 Cal. App. 4th 1337
- MICHAEL E. PARKER et al., Plaintiffs and Appellants, v. FRED WALKER, Defendant and Respondent (1992) 5 Cal. App. 4th 1173
- MICHAEL E. PARKER et al., Plaintiffs and Appellants, v. FRED WALKER, Defendant and Respondent (1992) 5 Cal. App. 4th 1173
- 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
- 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