Powers

Appellant Lani Sapin Powers was the widow (since remarried) of the decedent Sandy Sapin, and respondents Craig and Kevin Sapin are decedent’s children by his previous marriage. In his will, decedent devised to respondents his one-half interest in the Beverly Hills home of decedent and appellant. Appellant appeals from the probate court’s denial of her petition to have decedent’s half interest set aside to appellant as a declared homestead pursuant to former Probate Code sections 663 and 664.

Decedent and appellant were married in July 1975. Shortly before their marriage they purchased their Beverly Hills home for $152,500, each contributing half the down payment, taking title as tenants in common. On August 6, 1975, decedent recorded a declaration of homestead on the residence pursuant to former Civil Code sections 1260-1265. As of August 6, 1975, outstanding encumbrances on the residence (first and second trust deeds) totaled $127,450.

Decedent died November 9, 1978. At the time of death the applicable homestead exemption (former Civ. Code, § 1260, subd. 1) was $30,000. (Stats. 1976, ch. 132, § 1, p. 211.)

In his will, decedent devised to respondents, his two sons,…