Estate of Wilson

Batchelor & Wild and William F. Batchelor for Objector and Appellant.

King, Eyherabide, Anspach, Friedman, Robinson & W.E. James and Stephen Eyherabide for Petitioners and Respondents.

OPINION

FRANSON, J. —

This appeal presents the question of whether real and personal property valued at $705,000 and held of record title in joint tenancy by the decedent and his wife, respondent Grace Wilson, should be included in the decedent's probate estate for administration and distribution under his will. Appellant, a niece and residuary beneficiary under decedent's will, contends by reason of the will's original provisions declaring all property of decedent and his spouse, including joint tenancy property, to be community property and Grace Wilson's written consent and election to take under the will, that the character of the joint tenancy property was transmuted by agreement between the spouses to community property and should have been included in the probate estate.

The trial court found that regardless of the decedent's written declarations concerning the joint tenancy property and Grace Wilson's consent thereto, the property remained true joint tenancy property and on decedent's…