Estate of Wall

FACTS AND HISTORY OF THE PROCEEDINGS

After decedent died intestate in 2016, wife petitioned the probate court to determine a home, titled in decedent’s name, was community property. The children objected, and a trial was held. At the trial, testimony was provided by the children, decedent’s sister, wife, a mortgage broker, and a real estate agent.

The Children’s Testimony

As testified to by the children, decedent was born in 1939. He retired in 2001, and he has two children from his first marriage. Around 1998, decedent’s home was foreclosed, and he moved into a home owned by one of his children and her husband. Decedent was charged a significantly reduced rent, allowing him to repair his credit and save. In 2006, decedent inherited over $44,000 from his father and told his family he wanted to invest and save the money to buy a house.

2 Decedent met wife in 2007. They married in 2008. Decedent believed his prior wife took advantage of him, but he said he had learned from the experience and would not be taken advantage of again. When decedent and wife were married, she moved in with him in the home owned by decedent’s child. Decedent and wife did not commingle assets, and they…