Estate of Miramontes-Najera
California Court of Appeal
118 Cal. App. 4th 750, 13 Cal. Rptr. 3d 240 (2004)
- Written by Meredith Hamilton Alley, JD
Facts
Evangelina Miramontes-Najera (plaintiff) and Raul Miramontes-Najera married in 1956. In June 1998, without Evangelina’s consent, Raul transferred about $203,000 of community-property funds into three accounts payable to the two minor children of Silvia Lizarraga Preciado (defendant). Raul died in 2000, and Evangelina received about $1.3 million from the estate, more than half of the total value of the community property. Evangelina petitioned a trial court for an order to set aside the transfer of half the value of each of the three accounts. Sometime during the proceedings, Evangelina received the proceeds from one of the accounts. The trial court denied Evangelina’s petition, holding that Raul had the right to dispose of half of the community property and that because Evangelina had already received more than half of the total community property, she was not entitled to half of the value of each of the three accounts. Evangelina appealed, arguing that under California Probate Code § 5021, she was entitled to half the value of each account.
Rule of Law
Issue
Holding and Reasoning (McConnell, J.)
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