- 15 -
at Monterrey Park; (2) Oak Tree Inn; (3) condo in El Monte; and
(4) house in Hacienda Heights.
We reject petitioner's argument that the language in
decedent's will transmuted the property from joint tenancy into
community property. Petitioner points to the fact that
decedent's will makes no mention of joint tenancy property, but
refers to community property. Decedent's will was executed on
July 18, 1985. As of that date, only one of the five properties
making up the Young Property was owned by decedent and his wife.
Further, the language in the will does not meet the standard of
an "express declaration" to change characterization or ownership
of property. The will merely provides that all of decedent's
properties, both real and personal, be devised to Yang. This
provision and the provision referring to decedent's one-half
interest in the community property have no impact on decedent's
interest held in joint tenancy property. We find decedent's
failure to mention "joint tenancy"6 in his will to be of little
significance because under the law, joint tenancy cannot be
devised.
6 We note that decedent provided that inheritance, estate,
or other death taxes attributable to the probate estate and to
"any property or transfer of property outside my probate estate"
be paid. The language "property outside my probate estate"
implies that decedent's property might pass outside the probate
estate, which would cover joint tenancy with right of
survivorship.
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011