In Re Marriage of Barneson

Michael McGirr, executor of the estate of Robert L. Barneson, appeals from a trial court order finding certain transfers of stock from the decedent into the name of his then-wife constituted transmutations of his separate property into her separate property under Family Code section 852, subdivision (a). Appellant contends the writings pursuant to which the transfers were effected did not contain the "express declaration" required by statute and case law. [1]

Robert L. Barneson ("Barneson") and Evelyn Kaiser Barneson ("Kaiser") were married on August 10, 1988. Barneson was 65 years old and Kaiser almost 36. At the time of the marriage, Barneson owned a multi-million dollar stock portfolio. In November of 1989, Barneson suffered a stroke.

Barneson signed a typed letter dated December 6, 1990, to Banker's Trust Company ("Banker's Trust"), referring to certain stock in Marina Oil Company, which stated as follows: "This is written instruction as per our phone conversation. I Robert L. Barneson would like to combine these (4) four stock certificates into one, I would like to transfer these same stocks into the name of Evelyn J. Kaiser. Thank you." [2] Banker's Trust…