- 12 - Under our Corporations Code �15026 a partnership interest is classified as "personal property." While it is sometimes necessary to probate personal property belonging to a decedent who was not domiciled in California, California will apply the law of the decedent's domicile for purposes of determining intestate succession. Accordingly if we take the view that title to the property in Bard was really held by the partnership (rather than in tenancy-in-common), California will apply Arizona law. As I understand it from our earlier conversation, then the decedent’s children would in effect take 1/4 of decedent’s partnership interest. On the other hand, if we can take the position that the property was not at the time of the decedent’s death truly a partnership asset, but was held (as title reflects) by the decedent as tenants-in-common with his mother, then California law will apply, and if the decedent’s interest is community, that interest will pass entirely to the spouse. * * * On April 8, 1991, petitioner filed a spousal property petition in the Superior Court of California, County of Imperial (the California court), averring that the Bard property was community property. The petition also requested the California court (1) to determine that a one-half interest in the Bard property passed from decedent to petitioner by intestate succession and (2) to confirm that the remaining one-half interest was petitioner’s in her own right. A hearing was scheduled for April 26, 1991. Notice of hearing was given to petitioner and to decedent's two sons, Mark and Rodney Kenly. No notice was given to any of decedent's grandchildren. A hearing was held on April 26, 1991. No one asked to be heard, and no one opposed the petition. The petition was granted, the judgePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011