Perry D. McBroom, Deceased, and Jackie S. McBroom - Page 6

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            the decedent was a resident at the time of his death, insofar as                          
            they could be reasonably ascertained.  Until potential heirs were                         
            identified and notified, we held the Commissioner's motion under                          
            advisement.                                                                               
                  In the instant case, Mr. McBroom resided in California at                           
            the time of his death.  Under California law, on the death of a                           
            married person, one-half of the decedent's community and quasi-                           
            community property belongs to the surviving spouse, and the other                         
            half belongs to the decedent.  Cal. Prob. Code secs. 100, 101                             
            (West 1991).  In the case of intestate succession, if the                                 
            decedent leaves no child surviving, the one-half which belongs to                         
            the decedent passes to the surviving spouse, leaving the                                  
            surviving spouse with all of the community and quasi-community                            
            property.  Id. sec. 6401(a) and (b).                                                      
                  Where a decedent leaves more than one child living, the                             
            intestate share of the surviving spouse in separate property                              
            equals one-third of the intestate estate.  Id. subsec. (c)(3)(A).                         
            The remainder of the intestate estate passes to the issue of the                          
            decedent.  Id. sec. 6402(a).  Under section 5110 of the                                   
            California Civil Code (West 1983), "community property" is                                
            defined as all real property situated in California and personal                          
            property acquired during the marriage by a married person while                           









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