Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 9

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          is introduced indicating an intent to hold the property as                  
          community property, we must decide whether petitioner's evidence            
          overcomes the presumption created by the form in which title was            
          taken.  Id.                                                                 
               In this case, each deed of the Young Property stated that              
          decedent and Yang took title as husband and wife, as joint                  
          tenants.  According to California law, this creates a rebuttable            
          presumption that the Young property was joint tenancy as stated             
          in the deeds.  To rebut this presumption, petitioner relies on              
          the Superior Court of California's determination that the Young             
          Property was community property and on the surviving spouse's               
          testimony regarding the intent of the parties.                              


          Superior Court Decree:                                                      
               Following decedent's death, petitioner filed a spousal                 
          property petition in the Superior Court of California, County of            
          Los Angeles.  In the spousal order, the court found that the                
          Young Property was "community property or quasi-community                   
          property belonging one-half (1/2) to each spouse and passing one            
          hundred percent (100%) to TSAI-HSIU HSU YOUNG, the surviving                
          spouse."  Petitioner argues that the Spousal Property Order                 
          entered by the Superior Court of the State of California                    
          precludes respondent from arguing that the Young Property was               
          joint tenancy under California law.                                         





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