- 57 - agreement. Surely, a reasonable party in an adversarial proceeding would have pursued collection of the "settlement" once the estate recovered the coins. We hold that the State court action was nonadversarial. We also are unpersuaded that the State court actually passed upon the merits of Ms. Trompeter's claim, or that the claim would have been allowed if examined on its merits. Mr. Lodgen's conjecture that coins in which Ms. Trompeter had a community interest were not disclosed to her during the divorce proceeding was specious. He relied inappropriately on unsubstantiated information acquired from Superior and Mr. Goldberg. Mr. Lodgen failed to take into account a second set of coins disclosed in the divorce settlement negotiations. Mr. Lodgen failed to recognize the relevant time period for compiling the decedent's coin holdings.12 We sustain respondent's determination on this issue. 12 Ken Lodgen included all coins purchased before June 22, 1987, as coins that possibly were undisclosed by the decedent. Under Cal. Civ. Code sec. 5118 (1983), which was in effect at the time, "The earnings and accumulations of a spouse * * * while living separate and apart from the other spouse, are the separate property of the spouse". When we exclude the coins that were acquired after the decedent and Sylvia Trompeter separated on Aug. 8, 1984, and the coins without a proven purchase date, we are unpersuaded that any of the decedent's coins in which Ms. Trompeter had a community property interest were excluded from Barry Stuppler's combined appraisal statements.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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