- 9 - possessed a community property interest. Upon retirement, the husband deposited the funds from these plans into three individual retirement accounts (IRA's). The accounts were solely in the husband's name, with the designated beneficiary of each being a revocable living trust which had been created by the pension plan. The husband's children, in turn, were the beneficiaries of that living trust. The forms for the IRA accounts contained a space for the signature of a spouse who was not designated as the sole primary beneficiary to indicate the spouse's consent to the designation. Mrs. MacDonald signed the consent form. Upon her death, Mrs. MacDonald's estate petitioned to establish its one-half interest in the IRA accounts. The issue in Estate of MacDonald was whether Mrs. MacDonald had waived her community property interest or whether there had been a transmutation of her community property interest in the pension-IRA's. The court held that Mrs. MacDonald's signature on the space below the consent paragraph did not satisfy California Civil Code section 5110.730(a). a writing signed by the adversely affected spouse is not an "express declaration" for the purposes of section 5110.730(a) unless it contains language which expressly states that the characterization or ownership of the property is being changed. [In re Estate of MacDonald, supra at 918.] In other words, the defect in the writing in Estate of MacDonald was its ambiguity:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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