CALIFORNIA FAMILY LAW
...Community Property Issues
......Wills & Trusts
9 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.

Transferring s/p into revocable family trust, without more, does not transmute it into c/p.

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.