Estate Of Bibb

87 Cal.App.4th 461 (2001)

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Nature of the Case

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Facts

Decedent and his first wife, Ethel, had one child, S. During his marriage to Ethel, Decedent purchased a lot in Berkeley, California, and constructed an apartment building thereon. Ethel died on November 25, 1977. Decedent began dating W in 1988 or 1989. On January 29, 1991, he purchased a Rolls Royce automobile and registered it in his name alone. After their marriage, the Rolls was reregistered in 1995 in the names of Decedent or W. This was done by a DMV form which was not signed by Decedent or W. In 1992, prior to their marriage, he gave W an engagement and wedding ring set that had belonged to Ethel. They married in December of 1992. After their marriage, money was used from a joint account to pay the man from whom Decedent had purchased the Rolls Royce and to pay for maintenance and repairs on the vehicle. In 1994, Decedent was unable to qualify for the loan with his own credit. He signed a grant deed on January 24, 1995, conveying the real property from himself to himself and W, 'his wife as joint tenants.' W signed the note secured by a deed of trust on the subject property. Decedent died intestate on September 6, 1995. W reregistered the Rolls in her name alone, and, by signing an affidavit terminating joint tenancy, took title to the Berkeley property in her name alone. W filed a petition for probate. S filed a petition to establish the estate's ownership of the Berkeley property, the Rolls and the wedding ring set. The court denied the petition, and S appealed.