Jun 19, 2024
10:28:30pm
dratax All-American
I almost stood corrected, then I read the opinion . It says it does not apply to
how the property is held at time of death.

The courts opinion says on page 37 of the opinion the court states: "Our decision today does not alter the well established default rule that form of title controls at death."

My Note: Based on the information you provided, the deed says joint tenancy. When I referred to the document being ignored in a prior post, I was referring to the deed. Joint tenancy and commumity property are generally considered mutually exclusive, though as the case you linked pointed out for purposes of marriage dissolution (and now bankruptcy after this case) how the property is titled in the document does not control whether the property is community property if it is purchased with community funds.

Unfortunatley, in your case, the opinion specifically excludes the case from being used as a precedent for estate or probate purposes.
dratax
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dratax
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