Estate of Joanne Bentley

Case Number

24PR00110

Case Type

Hearing Date / Time

Mon, 06/03/2024 - 08:30

Nature of Proceedings

Petition: Spousal Property

Tentative Ruling

Probate Notes:

Appearances required.  The following is noted for the Court at the hearing:

The petition admits that the subject property was inherited by Decedent during her marriage to Petitioner.  Property acquired by a spouse by gift or inheritance is separate property, regardless of when it is acquired. (Fam. Code, §770.)

Petitioner claims the property is quasi-community property, but does not explain why, or give any support for this classification. “Quasi-community property” is real or personal property acquired by either spouse while domiciled elsewhere, that would have been community property if acquired while domiciled in California, or property acquired in exchange for such property. (Fam. Code §125.) Since the record shows the subject property is located in the State of California, and was received via inheritance, it does not appear from the record that the subject property is quasi-community in character, but is 100% separate property.

As a result, the Court must deny Petitioner’s request to confirm his community property share at paragraph 1b of the Petition, and 7a of the proposed order, and can only determine that a 33.33% share of the property passes to the Petitioner, at most, because Decedent died leaving 3 issue, and Probate Code section 6401(c)(3)(A) requires division of separate property amount surviving spouse and more than one surviving issue as 1/3 to spouse and 2/3 split among the issue.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 797 5412

Passcode: 8749009