Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 7

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          States, 363 U.S. 509, 512-513 (1960); Morgan v. Commissioner, 309           
          U.S. 78 (1940).                                                             
               In this case with the Young Property being situated in                 
          California, California property law determines the nature of                
          decedent's interest in the Young Property.  Under California law,           
          a husband and wife may hold property as joint tenants,2 tenants             
          in common, or as community property.3  Cal. Civ. Code sec. 5104             
          (West 1984).  However, property cannot be both joint tenancy and            
          community property, as these two types of interests are mutually            
          exclusive.  Sandrini v. Ambrosetti, 244 P.2d 742, 750 (Cal. Dist.           
          Ct. App. 1952); Schindler v. Schindler, 272 P.2d 566, 568 (Cal.             
          Dist. Ct. App. 1954).                                                       




               2  Joint Tenancy is defined as:                                        
               [a] joint interest owned by two or more persons in equal               
               shares, by a title created by a single will or transfer,               
               when expressly declared in the will or transfer to be a                
               joint tenancy, or by transfer from a sole owner to himself             
               or herself and others, or from tenants in common or joint              
               tenants to themselves or some of them, or to themselves or             
               any of them and others, or from a husband and wife, when               
               holding title as community property or otherwise to                    
               themselves or to themselves and others or to one of them and           
               to another or others, when expressly declared in the                   
               transfer to be a joint tenancy, or when granted or devised             
               to executors or trustees as joint tenants.                             
          Cal. Civ. Code sec. 683 (West 1984).                                        
               3  Community property is defined as "property acquired by              
          husband and wife, or either, during marriage, when not acquired             
          as the separate property of either."  Cal. Civ. Code sec. 687               
          (West 1982).                                                                




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