QUESTION
Is the live stock considered community property?
Asked on May 10th, 2014 on Estate Planning - California
More details to this question:
My spouse and I were separated and going through a divorce, but nothing had been done in the divorce yet. He passed away during this time. We had live stock that we each came into the marriage with and registered them under both of our names with the word "and/or" between our names. His livestock were preciously registered jointly with his prior wife, and mine were registered in just my name. So his livestock went from one joint ownership to our joint ownership. Is this considered a transmutation to jointly owned property, or is it considered community owned, or can his estate claim full ownership of his livestock? Also, because of the use of the word "and/or" are they presumed to be jointly owned or co-owned? The association with whom they are registered states that the membership and title is retained by me as one of the joint owners, but I don't know how California law looks at this.
3 ANSWERS
Probate Attorney serving San Diego, CA
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The Law Firm of Steven M. Green
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This is a community property versus separate property question under California's Family Law. The title to the livestock by just registering the named owner does not meet the requirements of being a transmutation agreement which must be done in writing with the prior owner signing the document. The property may be considered commingled but not trans-mutated.
Answered on May 13th, 2014 at 2:00 PM
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If his former wife died, they would have gone to your husband and then the two of you co-owned them. The and/or means one or the other so you would likely be considered the sole owner at this point. If the former wife and your husband were divorced, if he got the livestock in the divorce she would have not claim through is estate or otherwise. As the surviving spouse you are entitled to administer your husbands estate and to all community property and a portion of his separate property. You might consider getting an attorney.
Answered on May 13th, 2014 at 12:06 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate attorney immediately to protect your interest in the registered cattle. An ounce of prevention is cheaper than a pound of cure.
Answered on May 13th, 2014 at 11:41 AM