Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 57

                                       - 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

Last modified: May 25, 2011