In Re Marriage of Holtemann
California Court of Appeal
1Opinion of the Court
Opinion
PERREN, J.
In In re Marriage of Starkman (2005) 129 Cal.App.4th 659 [28 Cal.Rptr.3d 639], we concluded that merely characterizing separate property transferred to a trust established pursuant to an estate plan as “community property” is insufficient to effectuate a transmutation of the property in the absence of “ ‘language which expressly states that the characterization or ownership of the property is being changed.’ ” (Id., at p. 664, quoting Estate of MacDonald (1990) 51 Cal.3d 262, 272 [272 Cal.Rptr. 153, 794 P.2d 911].) Here we are presented with such a clear expression, in the…
2Cases cited5 opinions
- Estate of MacDonaldCalifornia Supreme Court · 1990
- Martinez v. Scott Specialty Gases, Inc.California Court of Appeal · 2000
- In Re Marriage of StarkmanCalifornia Court of Appeal · 2005
- Gallio v. ConigliaroCalifornia Court of Appeal · 1995
- Cecconi v. Cecconi (In Re Cecconi)United States Bankruptcy Court, N.D. California · 2007
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- Robert S. Brower, Sr. - Adversary ProceedingUnited States Bankruptcy Court, N.D. California · 2019