In Re Estate of Powell

Mathews & Kluck, Francis Mathews and Kelly M. Walsh, Eureka, for Objector and Appellant.

Law Office of Ronald G. Self and Ronald G. Self, San Clemente, for Petitioner and Respondent.

Certified for Partial Publication. [*]

HULL, J.

In this proceeding to probate the will of Myrtle Louise Powell, the trial court entered judgment providing that the decedent's share of community property shall remain in a revocable trust created by the decedent and her husband. Husband appeals claiming he revoked the trust after the decedent's death and is therefore entitled to the entire estate. He further contends that, in any event, community property was not properly transferred to the trust and he is entitled to a greater share of the family residence by virtue of his separate property contributions.

We conclude the trust assets, which were community property of the trustors, were transmuted to separate property upon decedent's death. Therefore, husband's revocation of the trust resulted in one-half of the trust assets being returned to husband and the other half being disposed of according to decedent's will. We also conclude the unrecorded trust instrument was sufficient as between the…