Estate of John Kenly, Deceased, Betty B. Kenly, Personal Representative - Page 15

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            of the State of California.  Cal. Prob. Code sec. 6401(c)(2)                                  
            (West 1981).  If the Bard property was community property, then                               
            petitioner owned one-half of the property in her own right and                                
            received the other half pursuant to the California intestate                                  
            succession law.  Cal. Prob. Code sec. 100 (West 1981) ("Upon the                              
            death of a married person, one-half of the community property                                 
            belongs to the surviving spouse and the other half belongs to the                             
            decedent."); Cal. Prob. Code sec. 6401(a) (West 1981) ("As to                                 
            community property, the intestate share of the surviving spouse                               
            is the one-half of the community property that belongs to the                                 
            decedent under Section 100."); see also In re Estates of Spear,                               
            845 P.2d 491, 493-494 (Ariz. Ct. App. 1992) (surviving spouse                                 
            owns one-half of the community property outright, and this one-                               
            half ownership interest is not a part of the decedent spouse's                                
            estate).                                                                                      
                  In relevant part, the California Probate Code, section 28(b)                            
            and (c) (West 1981), states that the term "community property"                                
            means:                                                                                        
                        (b) All property wherever situated, and all real                                  
                  property situated in this state, heretofore * * *                                       
                  acquired during the marriage by a married person while                                  
                  domiciled elsewhere, that is community property * * *                                   
                  under the laws of the place where the acquiring spouse                                  
                  was domiciled at the time of its acquisition.                                           
                        (c)  * * * all real property situated in this                                     
                  state * * * acquired during the marriage by a married                                   
                  person in exchange for real * * * property, wherever                                    
                  situated, that is community property * * * under the                                    
                  laws of the place where the acquiring spouse was                                        





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