In Re Estate of Sims

HATHAWAY, Judge.

This is an appeal from a probate order directing that appellant, surviving spouse of the decedent, be awarded a homestead for a period of 18 months thereafter. The order decreed that title to the subject property vested in the heirs of the decedent subject to the assignment to the surviving spouse.

On appeal, two alternative grounds for reversal are urged: (1) the subject property was community property of the parties and therefore fee title to the property vested in appellant; and (2) if the property was the separate property of the decedent, the lower court abused its…