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Estate of Wilson

Court of Appeal of California
183 Cal. App. 3d 67 (1986)


Millburn Wilson was married to Ruth Wilson (plaintiff). While Millburn was alive, Millburn created three separate Totten trust accounts for the benefit of three of Millburn’s children. The Totten trust accounts were created using community-property funds. Millburn died intestate in 1983. Ruth and nine children survived Millburn. Ruth did not know about the Totten trusts until after Millburn’s death. Ruth filed a petition with the court claiming all of Millburn’s community property, including the trust accounts. Bowens, one of Millburn’s sons, and Tolliver, the mother of two of Millburn’s children (defendants) objected to Ruth’s request. The trial court awarded Ruth all the community-property land and personal property, as well as one-half of each of the three trust accounts in dispute.

Rule of Law


Holding and Reasoning (King, J.)

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