Miramontes v. Preciado

*753Opinion

McCONNELL, P. J.

In Estate of Wilson (1986) 183 Cal.App.3d 67, 68-69 [227 Cal.Rptr. 794], the court held that a surviving spouse who did not consent to transfers of community property into bank accounts for third persons may enforce his or her community property interest on an asset-by-asset basis, even though he or she is already receiving more than one-half of the total community property. In this case, we hold as a matter of first impression that in enacting Probate Code1 section 5021, the Legislature intended to codify, rather than nullify, the Estate of Wilson mle. Accordingly, we…