Estate Of Wilson

183 Cal.App.3d 67 (1986)

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Nature of the Case

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Facts

Decedent died intestate leaving a surviving spouse, P, and nine children. Decedent opened ten Totten trust bank accounts for his children and four bank trust accounts for P prior to his death. At his death, the children's accounts totaled approximately $131,500 and P's accounts totaled approximately $38,500. P claims she had no knowledge of these accounts prior to decedent's death. P filed a community property petition claiming all of decedent's community property as her own, including the children's trust accounts. Ds objected to the requested distribution of any of the money in the children's accounts because it constituted less than half of the total value of P's community property. The court awarded P all community property land, vehicles, and household furnishings. In addition, the court awarded her 100 percent of all the trust accounts not subject to dispute and 50 percent of the three accounts held by decedent as trustee for the children. Ds argued that the statute specifically allowed decedent to dispose of his one-half of the community property at his death. Since the full amounts in their accounts were less than the sum total of all community property Ds contend that P had no right to any part of their accounts. Decedent had the right to make a testamentary disposition of one-half of the entire community property taken as a whole, rather than merely one-half of each community property asset.