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Transmutation by Deed in California Is a Risky Business
Trusts and Estates Quarterly - Volume 26, Issue 2
Credit(s):
1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Self-Study Credit
Two recent California cases analyzed the validity of transmuting property by real property deed. Both cases based a portion of their analysis on the form of title. However, evidence of form of title in characterizing property contradicts In re Marriage of Valli, which stated that the general presumption in Family Code section 760, that all property acquired during marriage is community property, trumps the form of title presumption in Evidence Code section 662 when characterizing property. Accordingly, these new cases have created uncertainty for estate planners in the area of real property transmutation.
1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Self-Study Credit
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