In Re Estate of Powell
100 Cal. Rptr. 2d 501 · C032008
California Court of Appeal, Third Appellate District · Filed
Holding
The court held that the decedent’s surviving spouse could revoke a joint revocable trust only as to his one-half share of the community property assets therein, as the decedent’s one-half share had transmuted into separate property upon her death and was subject to disposition according to her will.
Statutes construed
- CCP § 906
- CIV § 683.2
- FAM § 761
- PROB § 100
- PROB § 15200
- PROB § 15401
Cited by (16)
- CYNTHIA E. TOWNSEND, Plaintiff and Appellant, v. JAMES TOWNSEND II, as Trustee, etc., Defendant and Respondent (2009) 171 Cal. App. 4th 389
- CYNTHIA E. TOWNSEND, Plaintiff and Appellant, v. JAMES TOWNSEND II, as Trustee, etc., Defendant and Respondent (2009) 171 Cal. App. 4th 389
- ELIZABETH S. RANDS, Petitioner and Respondent, v. WILLIAM RANDS, Objector and Appellant (2009) 178 Cal. App. 4th 907
- ELIZABETH S. RANDS, Petitioner and Respondent, v. WILLIAM RANDS, Objector and Appellant (2009) 178 Cal. App. 4th 907
- MURUGANANDAN PRAKASHPALAN et al., Plaintiffs and Appellants, v. ENGSTROM, LIPSCOMB & LACK et al., Defendants and Respondents (2014) 223 Cal. App. 4th 1105
- MURUGANANDAN PRAKASHPALAN et al., Plaintiffs and Appellants, v. ENGSTROM, LIPSCOMB & LACK et al., Defendants and Respondents (2014) 223 Cal. App. 4th 1105
- DOUGLAS K. AMMERMAN et al., as Trustees, etc., Plaintiffs and Respondents, v. CATHLEEN CALLENDER et al., Defendants and Appellants; DONALD LUCKY CALLENDER, a Minor, etc., Defendant and Respondent (2016) 245 Cal. App. 4th 1058
- DOUGLAS K. AMMERMAN et al., as Trustees, etc., Plaintiffs and Respondents, v. CATHLEEN CALLENDER et al., Defendants and Appellants; DONALD LUCKY CALLENDER, a Minor, etc., Defendant and Respondent (2016) 245 Cal. App. 4th 1058
- MELANIE CARNE, as Trustee, etc., Plaintiff and Appellant, v. NANCY A. WORTHINGTON et al., Defendants and Respondents (2016) 246 Cal. App. 4th 548
- MELANIE CARNE, as Trustee, etc., Plaintiff and Appellant, v. NANCY A. WORTHINGTON et al., Defendants and Respondents (2016) 246 Cal. App. 4th 548
- Valentine v. Plum Healthcare Group, LLC (2019) 249 Cal. Rptr. 3d 905
- Valentine v. Plum Healthcare Group, LLC (2019) 249 Cal. Rptr. 3d 905
- DAVID PRATT, Plaintiff and Appellant, v. ROBERT L. FERGUSON, as Trustee, etc., Defendant and Respondent (2016) 3 Cal. App. 5th 102
- DAVID PRATT, Plaintiff and Appellant, v. ROBERT L. FERGUSON, as Trustee, etc., Defendant and Respondent (2016) 3 Cal. App. 5th 102
- Estate of MARGOR DAYAN, Deceased. ERMOND JOSEPH NATHANSON, Plaintiff and Appellant, v. ANTHONY M. NATHANSON, Defendant and Respondent (2016) 5 Cal. App. 5th 29
- Estate of MARGOR DAYAN, Deceased. ERMOND JOSEPH NATHANSON, Plaintiff and Appellant, v. ANTHONY M. NATHANSON, Defendant and Respondent (2016) 5 Cal. App. 5th 29
Authorities cited (4)
- Estate of HALVARD L. HEGGSTAD, Deceased. GLEN P. HEGGSTAD, as Trustee, etc., Petitioner and Respondent, v. NANCY RHODES HEGGSTAD, Objector and Appellant 16 Cal.App.4th 943
- Estate of OTTO HEINRICH LOUIS WERNICKE, Deceased. GERALD S. WITHERSPOON, as Special Administrator, etc., Petitioner and Respondent, v. CELESTE PACE WERNICKE et al., Objectors and Appellants 16 Cal.App.4th 1069
- WELLS FARGO BANK, as Trustee, etc., Petitioner and Respondent, v. DONNA MARSHALL, Claimant and Appellant; ALISA MARSHALL, Claimant and Respondent 20 Cal.App.4th 447
- MARK W. IKE, Plaintiff and Appellant, v. G. ARNOLD DOOLITTLE, Defendant and Respondent; SAM ARNOLD et al., Defendants and Appellants 61 Cal.App.4th 51