Estate of Williams CA1/1

DISCUSSION

I. The Standard of Review.

The factual findings that underpin the characterization of property as either community or separate are reviewed for substantial evidence. (In re Marriage of Rossin (2009) 172 Cal.App.4th 725, 734 (Rossin).) But “[i]nasmuch as the basic ‘inquiry requires a critical consideration, in a factual context, of legal principles and their underlying values,’ the determination in question amounts to the resolution of a mixed question of law and fact that is predominantly one of law. [Citation.] As such, it is examined de novo.” (In re Marriage of Lehman (1998) 18 Cal.4th 169, 184 (Lehman).)

3 San Francisco Transportation Code sections 1101, subdivision (a)(1)(B)(i) and 1102 (Transportation Code).

II. The Proceeds from the Medallion’s Sale Are Community Property.

Whether the proceeds from the medallion’s sale are community or separate property matters here because of Probate Code section 6401, which controls the distribution of assets when a person dies without a will (intestate).4 If the proceeds are deemed to be separate property under this section, Roosevelt’s three children are entitled to share two-thirds and Olevia is entitled to the other…