Estate of Hart

Don L. Harrington for Objector and Respondent.

OPINION

STANIFORTH, J.

James R. Hart shot his wife Theresa and then himself. She died immediately; he died later the same day (Mar. 26, 1980). Both died intestate. [1] At the time of the deaths the couple owned real property in joint tenancy and certain items of personal community property consisting of life insurance policies, a sailboat, trailer and bank account. The petition of Berrato, the administrator of the wife's estate, seeks to quiet title to the real and personal property of these parties in the estate of the deceased wife. (Prob. Code, § 851.5.) Ray is the administrator of the husband's estate. (1a), (2a) The trial court held (1) all real and personal property of the decedent wife was held in joint tenancy to be divided equally between their estates and (2) all personal property held as community property, including the proceeds from all life insurance policies held as community property, be divided equally between their estates with the exception of a life insurance policy (Aetna) on the husband's life, naming his father contingent beneficiary. The administrator of the wife's estate appeals, contending the heirs to the…