- 6 - 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 whilePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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