Estate of MARGERY M. MacDONALD, Deceased. JUDITH BOLTON, as Executirix, etc., Contestant and Appellant, v. ROBERT F. MacDONALD, Claimant and Respondent, 51 Cal. 3d 262

Summary

Once decedent learned she was terminally ill, she and respondent, her husband, divided their community property into separate estates. Decedent and respondent also placed community property in individual retirement accounts (IRA) opened in respondent's name, and decedent signed the consent portion of the adoption agreement. After decedent's death, appellant executrix filed an action to determine ownership of the IRA funds. The trial court found that decedent waived her community property interest and transmuted her community property funds to respondent's separate property when she signed the adoption agreement. Appellant sought review. The appellate court reversed and held that the adoption agreement did not satisfy Cal. Civ. Code § 5110.730 (a). The court affirmed the appellate court and found that the record did not present substantial evidence that decedent intended a transmutation. It further found that the adoption agreement was not an express declaration for the purposes of Cal....